IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33918 of 2008 1. BANKE SINGH , Son of Late Naseeb Singh 2. Mritunjay Singh, Son of Late Shyam Singh 3. Diwakar Kumar 4. Uday Shankar Singh, both sons of Late Swaraji Singh All residents of Village-Hathiyama, Police Station. Sheikhpura,District-Sheikhpura. 5.Brij Nandan Singh, Son of Late Gorelal Singh, resident of Village-Kaithma, Police Station and District- Sheikhpura -------- Petitioners. Versus STATE OF BIHAR ----------- 8 06-01-2010 The application has been filed for recall/modification of the order dated 21.5.2008 passed this Court in Cr.Misc.No.55182 of 2008 to the extent that the direction therein that the trial court must ensure physical appearance of all the accused persons on all the dates of the proceeding till the disposal of the case be expunged. In brief, the prosecution moved earlier for cancellation of bail, granted to one of the accused, namely, Sanjay Singh, which was dismissed by the said order dated 21.5.2008. However, the trial court was directed to expedite the trial and in no case there should be any unnecessary adjournment and the trial court must ensure physical appearance of the petitioner of that case and all accused - 2 - persons on all the dates of the proceeding till disposal of the case. It is submitted that the distance from Sheikhpura to Munger is more than 80 K.ms and some of the accused are employees at different places and some are of the old age. Thus, the presence of all the accused in the proceeding is not possible nor essential. The parties are at the agreement that the direction to expedite the trial and giving no unnecessary adjournment is just and proper, but the direction by this Court is to the effect that the trial court must ensure physical appearance of all the petitioners on each and every date till the disposal of the case.On that point, parties are further at agreement that some liberty may be given to the accused persons to face the contingencies as one of them( accused persons) is 97 years old and some are suffering from several ailments, making them unable to move. In the above circumstances, the impugned order is modified to the extent that Section 317 Cr.P.C. may be allowed in the case of contingencies only when any of the accused persons appears unable to move easily or having - 3 - similar cause . It is made clear that the trial court shall be cautious enough that the liberty so given to accused persons be not misused. Every attempt shall be made by the court below to dispose of the case expeditiously. With the aforesaid observations, this application is disposed of. Accordingly, the stay granted in the case by the order dated 17.9.2008 after disposal of the Miscellaneous case has become ineffective. NKS/- (Mandhata Singh, J)