IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18184 of 2008 RAMANUJ THAKUR & ANR Versus STATE OF BIHAR ------------ 2. 8.7.2008. Heard the counsel for the petitioners and counsel appearing on behalf of the State. The petitioners have challenged the order of the Sessions Judge, Munger dated 13.3.2008 and I/C Sessions Judge, Munger dated 18.4.2008. By the order dated 13.3.2008, the Sessions Judge, Munger has rejected the bail application of the petitioner nos. 3,5,7 and 8 and allowed anticipatory bail to the petitioner nos. 1 and 4. The condition imposed by the Sessions Judge, Munger is that the petitioner nos. 1 and 4 are directed to surrender alongwith other co-accused within a month and pray for bail. It is further observed by him that “ In case of such surrender the petitioner no. 1 and 4, namely, Ramanuj Thakur and Jotu Thakur @Chhotu Thakur @ Sheo Suman Shanker Thakur shall be enlarged on bail on their furnishing bail bond of Rs. 8,000/- with two sureties of the like amount each. So far the regular bail of other co-accused ,if filed, shall be disposed of by the court below on its own merit.” The petitioner nos. 1 and 4 have filed a petition being A. B. P. No. 151 of 2008 for modification of the order dated 13.3.2008 wherein there was two fold prayers. Firstly, the petitioners have prayed that the date of surrender may be extended for two weeks. Secondly, they have prayed to - 2 - remove the conditions imposed in the order dated 13.3.2008 by which the petitioners nos. 1 and 4 would be granted anticipatory bail on surrender only if other co-accused surrender alongwith them. This application has been dismissed by the order dated 18.4.2008. Subsequently, it transpires that the petitioners no. 3,5,6 and 8 have moved for anticipatory bail before this Court and were granted bail vide Cr. Misc. No. 15612 of 2008 by the order dated 9.5.2008. The reason of the order of this Court only imposing that the conditions imposed by the then Sessions Judge, Munger lost its meaning. The Sessions Judge, Munger had already granted anticipatory bail to the petitioners on the condition that he should surrender within a particular period. Naturally, that period has expired due to several facts mentioned aforesaid. In the circumstances, I direct that the petitioners shall file an application before the Sessions Judge, Munger for modification of the order dated 13.3.2008 praying therein to extend the date of surrender in view of the change circumstances. It is expected that the Sessions Judge would extend the date of surrender in view of the facts aforesaid and in view of the fact that the Hon’ble Supreme Court has repeatedly held that while granting bail, the Court should not impose conditions which can not be followed by the person concerned. This application is disposed of with the aforesaid observations. U.K. (Sheema Ali Khan,J)