IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37072 of 2009 MD.NAIMUDDIN, Son of late Md. Hasim, resident of Mohalla – Ibrahim Shahid Old Town Ward No. 8, P.S. Daudnagar, District – Aurangabad. …. Petitioner. Versus THE STATE OF BIHAR …. Opp. Party. ----------- 02/ 10.12.2009 Petitioner Md. Naimuddin was apprehending arrest in connection with Daudnagar P.S. Case No. 74 of 2008, as such he filed A.B.P. No. 343 of 2009 before the Sessions Judge, Aurangabad and vide order dated 24.7.2009 he was granted anticipatory bail and 20 days time was allowed for surrendering before the court below at Daudnagar. In the bail petition itself the name of the petitioner was wrongly spelt, as such this error also cropped up in the order passed by the Sessions Judge, three persons were granted bail except the petitioner. He filed modification petition before the Sessions Judge and the same was allowed vide order dated 6.8.2009 after perusal and proper verification of the L.C. records. The L.C. records were sent to the court below on 11.8.2009. Petitioner was to appear before the court on the next date i.e. 12.8.2009. He failed to appear on 12.8.2009 before the court below, on account of his daughter’s serious ailment. Again when the petitioner - 2 - filed application for extension of the time, it was rejected by the Sessions Judge, Aurangabad vide order dated 4.9.2009. Once, on merit the anticipatory bail was allowed and sufficient reason was shown for none appearance, the Sessions Judge should have extended the period, once more occasion as last indulgence. Accordingly, anticipatory bail granted to the petitioner vide order dated 24.7.2009 in connection with Daudnagar P.S. Case No. 74 of 2008, extended and modified by order dated 4.9.2009 is further modified by this order. The time earlier allowed by the Sessions Judge for surrendering before the court below and for furnishing bail bond by order dated 4.9.2009 is extended by three weeks from today. In case petitioner surrenders before the court below within this period, bail should be granted to the petitioner in connection with Daudnagar P.S. Case No. 74 of 2008 on same terms and conditions as mentioned in the order passed by the Sessions Judge, Aurangabad dated 24.7.2009 in A.B.P. No. 343 of 2009. Let this order be communicated to S.D.J.M., - 3 - Daudnagar in connection with Daudnagar P.S. Case No. 74 of 2008 through fax in case requisite cost for the same is deposited by the petitioner. DKS/ (Mridula Mishra, J.)