IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44096 of 2007 SHAILESH KUMAR CHOUBEY Versus STATE OF BIHAR & ANR ----------- 2 3.9.2008 Heard Mrs. Anjana Prakash and Mrs. Juhi Kumari, learned counsel for the petitioner as also the learned A.P.P. for the State. The grievance of the petitioner is that although he had been granted provisional bail by this Court vide order dated 1.2.2007 passed in Cr. Misc. No. 55995 of 2006 and had surrendered on 21.2.2007, where he was granted provisional bail, he failed to appear in Court on 18.8.2007 and the representation under section 317 Cr.P.C. filed on his behalf, was rejected. The submissions advanced on behalf of the petitioner is that he was on training during that period and could not attend the Court. The submissions advanced by the learned counsel for the petitioner is his defence which cannot be looked into at this stage in a proceeding under section 482 Cr.P.C. Even otherwise since he was on provisional bail it was incumbent upon him to be physically present in Court on that date and filing a petition under section 317 Cr.P.C. was not the remedy. Due regard being had to the facts and circumstances of - 2 - the case I find no merit in this application which is dismissed. In the event the petitioner surrenders and files a bail petition in Court by 11.00 A.M. the Court in seisin of the case may, if it so likes, hear the petition on the same day and dispose of the same in accordance with law. Spd/- (Abhijit Sinha, J.)