IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.8949 of 2009 KHAGENDRA KUMAR son of late Mahadeo Thakur, resident of Hinoo, P.O. Hinoo, P.S. Doranda, District- Ranchi ….Petitioner Versus 1. THE STATE OF BIHAR 2. The Superintendent of Police, Rohtas, 3. Cabinet Vigilance Department through Deputy Secretary, Old Secretariat, Patna. ----------- 2/ 01.09.2010 Heard the parties. It has been submitted that the petitioner after grant of bail was refused the benefit of section 317 Cr. P. C. during trail for no cogent reason. Considering that the petitioner had filed the application stating therein he was extremely ill and, therefore, could not attend the court, the court below should have considered the same. In view of such, the order dated 5.1.2009 passed by the Special Judge, Vigilance, Patna-I, in Special Case No.85 of 1991, is set aside with direction to the court below to consider the application afresh. With the aforesaid observation/direction, application stands allowed. JA/- (Anjana Prakash, J.)