IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.30864 of 2010 MAKSUDAN MAHTO, son of Yogi Mahto Versus THE STATE OF BIHAR ----------- 2/ 25.08.2010 Heard learned counsel for the parties. In this application, the petitioner prays for modification of order dated 03.04.2007, passed in Cr. Misc. No. 573 of 2007, whereby anticipatory bail was granted to the petitioner in a case under Sections 302, 120B/34 of the Indian Penal Code with an observation that he should surrender within six weeks from that date. Learned counsel for the petitioner submits that earlier he was granted provisional bail on 29.01.2007, whereafter he appeared before the court below and filed bail bonds. He further submits that petitioner being an illiterate person knows that he has been granted final bail. He further submits that on the aforesaid fact also the case of the petitioner stood on a very good footing. He further submits that in the instant case, no one has seen anybody murdering the deceased. Furthermore, it is alleged in the First Information Report that deceased had money transaction with various persons including this petitioner. He further submits that in the First Information Report it is alleged that Kapil Mahto and his two sons had threatened the deceased to kill. After hearing the counsel for the parties, this Court is of the view that it would be open for the petitioner to submit the 2 reason for delay before the court below, who will consider the same on its own merit. With the aforesaid liberty, this application is disposed of. Uday/ (Samarendra Pratap Singh, J.)