SHYAM NANDAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Mr. Syed Arshad Alam, learned counsel for the petitioner and Mr. Jharkhandi Upadhyay, the learned A.P. P. for the State but no one appears for Opposite Party No. 2 although vakalatnama has been filed on his behalf.

(2.) THE petitioner who is one of the accused in Sessions Trial No. 388 of 1996 pending before the Presiding Judge, Fast Track Court No. I, Muzaffarpur is aggrieved by order dated 16.12.2005 whereby his prayer/petition under Sec.205 Cr.P.C. for dispensation with personal attendance has been rejected.

(3.) THE medical prescriptions of the petitioner which run into several pages and have been annexed with the petition disclose that the petitioner was a chronic alcohalic and consumed country liquor and English liquor in large volumes. He also had a history of jaundice in 1994 and the latest prescription dated 9.9.2005 shows that he is weak, suffers from weight loss, irregular fever and intermittent pain in abdomen and he has been advised to stop alcohal and to take rest at home.