Neutral Citation No. ( 2025:JHHC:12367-DB ) IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. (DB) No. 10 of 2024 Avik Srivastava, S/o Late Sushil Srivastava, R/o Vill- Hunterganj, P.O. Kuba, P.S. Hunterganj, Dist.- Chatra, A/P residing at Flat No. 2A002, Acme Encore Apartment, P.O. & P.S. Brookfield, Dist.- Bengaluru --- --- Petitioner Versus The State of Jharkhand through ATS --- --- Opposite Party --- CORAM: HON’BLE MR. JUSTICE RONGON MUKHOPADHYAY HON’BLE MR. JUSTICE AMBUJ NATH --- For the Petitioner : Mr. Kumar Harsh, Adv. For the O.P.-State : Mrs. Priya Shrestha, Spl. P.P. --- 08/25.04.2025 Heard Mr. Kumar Harsh, learned counsel for the petitioner and Mrs. Priya Shrestha, learned Spl. P.P. This application has been preferred by the petitioner for modification of the order dated 26.09.2022 passed in Cr. Appeal (DB) No. 667 of 2022. The modification which has been sought for is with respect to the condition given in the para 14 of the order dated 26.09.2022 passed in Cr. Appeal (DB) No. 667 of 2022, wherein the petitioner was directed to remain physically present on each and every date before the learned trial court till the conclusion of the trial as one of the conditions for grant of bail. It has been submitted by learned counsel for petitioner that recently the petitioner had undergone an operation of abscess in the buttocks for which the petitioner was discharged in the month of January, 2025. It has further been submitted that since the father of the petitioner was shot dead in the Hazaribagh Court premises and in which the petitioner had given his evidence as P.W. 24 by virtue of which seven persons have been convicted, there is always a threat perception to the life of the petitioner and in such circumstances, therefore, a prayer has been made for modification of the order in question. -1- Neutral Citation No. ( 2025:JHHC:12367-DB ) Learned Spl. P.P. has opposed the prayer for modification. Though it seems that almost three months have passed since the petitioner has been discharged for the operation which was carried out for having abscess, but at the same time, we cannot lose sight of the fact that the father of the petitioner was brutally gunned down in the Hazaribagh Court premises when he was produced and this petitioner has also given his evidence and which was one of the reasons for the conviction of several accused persons. On consideration of the aforesaid facts, therefore, we are inclined to modify the order dated 26.09.2022 passed in Cr. Appeal (DB) No. 667 of 2022. Accordingly, in the last paragraph of the order dated 26.09.2022 passed in Cr. Appeal (DB) No. 667 of 2022, the following condition “he shall remain physically present on each and every date before the learned trial court till the conclusion of the trial” is deleted. The other conditions shall remain as it is. This application stands disposed of. (Rongon Mukhopadhyay, J.) (Ambuj Nath, J.) Preet/- -2-