IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33050 of 2011 Devendra Kumar Sinha Versus The State Of Bihar ----------- For the Petitioner :- Mr. Madanjeet Kumar, Adv. For the State :- Mr. Ajay Kumar – 2, A.P.P. -------------- 02/- 28.09.2011 Heard learned counsel representing the parties. This is an application seeking modification in condition of attendance for two years or till disposal of the case imposed upon the petitioner while granting privilege vide order dated 26.08.2010 passed in Cr. Misc. No. 25934 of 2010 in connection with Complaint Case No. 1641/2008 (T.R. No. 1163 of 2010), pending in the court of Sub- Divisional Judicial Magistrate, Gaya. Submission is that the petitioner and others have already filed Cr. Misc. No. 8152 of 2011, seeking quashing of order of cognizance passed in the instant case and vide order dated 09.03.2011 passed therein, further proceedings of the court below has already been stayed, but in view of the conditions imposed by this Court in order dated 26.08.2010 petitioner a retired person is to attend the court on each and every date which serves no purpose. Considering the facts and circumstances, subject to result of Cr. Misc. No. 8152 of 2011, petitioner is exempted from such condition. Accordingly, this application stands disposed of. Let a copy of this order be communicated to the court below through FAX at the cost of the petitioner. Praveen/- ( Akhilesh Chandra, J.)