IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6755 of 2009 JITENDRA @ JITENDRA KUMAR @ JINTENDRA RAI son of Ram Charitra Roy resident of village- Sokhara P.S. Phulbaria, District- Begusarai. ----- Petitioner Versus STATE OF BIHAR ----- Opposite Party ----------- 3 25.3.2009 Learned counsel for the petitioner is permitted to convert this Criminal Miscellaneous Application into an application for Modification of order dated 12.1.2009. It is submitted that on 12.1.2009 when the order was passed, the counsel did not appear and bring to the notice of this Court that the fact that petitioner was on police bail before the order of cognizance. After the order of cognizance, Section 307 of the Indian Penal Code was added. Obviously this bail application is not maintainable in view of the judgment reported in 2004(3) P.L.J.R. 491 in the case of Mahendra Prasad Singh Vs. The State of Bihar. It is therefore, necessary to modify the order dated 12.1.2009. The Court below is directed to dispose of the bail application in terms of the judgment noticed above. 2 This modification application is allowed to the extent mentioned aforesaid. Learned counsel for the petitioner may deposit the cost of FAX for communicating this order to the Court of the Railway Judicial Magistrate, Barauni, Begusarai in connection with Barauni Railway P.S. Case No. 84 of 2006 Sanjay (Sheema Ali Khan, J.)