IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38076 of 2010 DAHICHAND SINGH SON OF LATE FALTAN SINGH, RESIDENT OF VILLAGE GAWAS, P.S. BELDAUR, DISTRICT KHAGARIA. Versus THE STATE OF BIHAR ----------- 2. 8.10.2010. Heard Shri Shivendra Kumar Sinha, learned counsel for the petitioner and Smt. Indu Bala Pandey, learned Additional Public Prosecutor appearing on behalf of the State. The present petition has been filed with a prayer to modify an order dated 25.5.2010 to the extent of extending the date of surrender of the petitioner. Vide order dated 25.5.2010 passed in Cr. Misc. No.16745 of 2010, the petitioner was granted anticipatory bail with a condition that he will surrender within a period of four weeks. By filing the present petition, the petitioner has tried to explain that due to un-avoidable circumstance, he could not surrender within the time and as such the period of surrender may be extended. I am not inclined to modify earlier order after such a long time. The prayer for modification of earlier order stands rejected. 2 N.H./ However, in view of the facts and circumstances that the petitioner was already granted bail on merit, the learned Magistrate, on surrender of the petitioner, will keep it in mind that the petitioner was granted anticipatory bail, but due to the reason he had not surrendered within the time, the said order has lapsed. If he surrenders, the learned Magistrate may pass appropriate order in accordance with law without being prejudiced with rejection of this modification petition. Let this order be sent to the court below through fax on cost being deposited by the petitioner. ( Rakesh Kumar,J.)