IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4743 of 2008 AMARJEET CHOUDHARY Versus THE STATE OF BIHAR ----------- 2. 15.7.2008. Heard the counsel for the petitioner and counsel appearing on behalf of the State. The petitioner is aggrieved by the order dated 22.11.2007 by which the Sessions Judge, Bhagalpur has rejected the prayer of the petitioner to modify the order dated 9.8.2007 whereby the petitioner was granted Anticipatory Bail subject to his surrender within a period of four weeks. The Sessions Judge,Bhagalpur, perhaps has rightly rejected the application in view of the provisions of Section 362 of the Code of Criminal Procedure and the judgment reported in 2006 Cr. L. J. page 4050. Learned counsel for the petitioner submits that this Court under inherent powers can modify/ quash the order of the court below and therefore, prayed that this Court may modify the order of the Anticipatory Bail by extending the time granted for his surrender in the court below. Learned counsel further submits that the petitioner is an active servant in the ‘Indian Army’ and he could not surrender within the aforesaid four weeks on the ground that he was not granted leave by his Commanding Officer and it was only on 2.11.2007 that the petitioner was granted leave from 4.11.2007 to 24.11.2007, whereas the period for surrendering as per the order of the Sessions Judge had - 2 - expired on 9.9.2007. Considering the explanation given on behalf of the petitioner, the period for surrendering before the court below for the purpose of granting Anticipatory Bail is extended for two months from the date of receipt of copy of this order. The petitioner is further directed to produce a copy of this order before his Commanding Officer so that he may get the necessary leave for surrendering in this case. The application is accordingly disposed of. U.K. (Sheema Ali Khan,J)