IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.24587 of 2011 Shambhu Nath Kar S/O Suahir Nath Kar R/O -23 H - 1d, Bade, Raipur Road, Jadavpur, P.S. - Jadavpur, Kolkata, West Bengal - 700032 Versus The State Of Bihar Through CBI ---------------------------------- 2 19.10.2011. Heard learned counsel for the petitioner and the Central Bureau of Investigation (CBI). The instant modification petition has been filed for modification in order dated 2.6.2010, passed by this court in Cr.Misc.No.12595 of 2010 allowing bail to the petitioner with condition as follows:- “He will not physically absent for two consecutive dates at stretch till framing of charge, save and except for valid reasons.” The petitioner submits that this observation may be lifted as he is suffering from several ailments causing him trouble in appearing before the court below on all dates. Medical prescriptions have also been appended to the modification petition. He further submits that till date he did not default even on a single day and undertakes that he would appear in court below in person as and when required by it. Uptil now charge has not yet been framed due to non appearance of some of the accused in the case. Petitioner is an accused in Special case no. 5 of 2006, RC 10A of 2006 lodged under sections 120B, 420, 467, 468, 471 and 201 IPC read with section 13(2) and 13(1)(d) of 2 the PC Act, on the allegation that he submitted a wrong report regarding insurance claim causing a loss of Rs.2,95,500/- to the Insurance Company. In view of the conduct of the petitioner as also his undertaking, the condition recorded in order dated 2.6.2010 regarding appearance on every second day is waived. The petitioner must cooperate in the trial. Modification petition is allowed and order dated 2.6.2010 is modified to this extent only. Let this order be communicated to the court in seisin of the case forthwith. Shashi. (Samarendra Pratap Singh, J.)