IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.678 of 2008 MRITUNJAY SINGH @ SANJAY SINGH …..Petitioner Versus 1. STATE OF BIHAR 2. RENU DEVI ……Opposite parties ----------- 2. 15.12.2008. This revision application has been preferred against the order dated 2.6.2008 passed by SDJM at Chapra in Trial No. 3136 of 2008 thereby the petitioner has been directed to remain physically present on each and every date till the disposal of the case. Heard learned counsel for the petitioner as well as the State. Under the facts and circumstances of the case, no notice is required to be issued on the complainant. It is submitted by learned counsel for the petitioner that court below while rejecting the prayer for cancellation of bail filed by one of the witnesses (brother of the complainant) unnecessarily directed the petitioner to remain physically present on each and every date. It is further submitted that the petitioner is working in Delhi. It is not possible for him to remain physically present on each and every date. The case is also not likely to be disposed of in near future. Considered the submission of learned counsel for the petitioner and perused the impugned order. It appears that court below without any justification has directed the petitioner to remain physically present on each and every date till the disposal of the case. Under section 317 Cr.P.C. the petitioner has right to be represented through lawyer, if he is unable to be physically present due to certain unavoidable circumstances. - 2 - In this view of the matter, it would not be proper to direct the petitioner who is on bail to remain physically present on each and every date till the disposal of the case. The case is not likely to be disposed of in near future. Under the facts and circumstances, the impugned order dated 2.6.2008 is hereby set aside to that extent. However, the petitioner shall remain physically present whenever required by the court below at the appropriate stage of the trial. With the above observation and direction, this application is allowed to above extent. kanchan (Ghanshyam Prasad, J.)