IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27152 of 2010 1. SUBHASH PRASAD son of late Ram Jatan Prasad 2.Arbind Prasad son of Subhash Prasad , both are resident of village- -Narayanpur, P.O.- Thaway, P.S.- Thaway, Dist.- Gopalganj …….petitioners Versus THE STATE OF BIHAR & ANR………………opposite parties. ----------- 3 27.10.2010 Heard the parties. The present petition has been filed for modification of order dated 13.05.2010 passed in Cr. Misc. No. 12494 of 2010 whereby the petitioners were granted liberty to approach the learned Sessions Judge, Gopalganj, by filing a fresh application under section 438 Cr.P.C. which were directed to be considered, if filed ,within three weeks from that date with the conditions stipulated therein that order. Learned counsel for the petitioners submits that because of ailment of petitioner No.1, a fresh petition under section 438 Cr.P.C could not be filed within the time prescribed. For the reasons stated in the present modification petition the order dated 13.05.2010 passed in Cr. Misc. No. 12494 of 2010 is modified only to the extent that the petitioners above named must approach , if so advised, before the learned Sessions Judge, Gopalganj within a period of three weeks from today seeking anticipatory bail afresh. If such a petition is filed, then the same shall be disposed of as per observations and directions given in the aforesaid order dated 13.05.2010. With the aforesaid observations and directions the present modification petition stands disposed of. M.Rahman ( Birendra Prasad Verma, J ) 2