IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15008 of 2011 MD. MATIN Versus THE STATE OF BIHAR ----------- 3. 25.05.2011 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner alongwith his father prayed for anticipatory bail which was considered and allowed by learned Sessions Judge, Purnea vide order dated 01.03.2011. In the event of arrest or surrender within three weeks, he was directed to be released on bail. A week beyond expiry of the said period a prayer was made before the learned Sessions Judge, Purnea for extension of time on the ground that one of the petitioners (father of petitioner Md.Matim) was suffering from cancer and the same called for immediate attention which delayed surrendering of the petitioner in the court below. It is submitted on behalf of the petitioner that his father (one of the beneficiaries of anticipatory bail) subsequently died. The said application was disposed of by the impugned order concluding therein that the court had no jurisdiction to recall/modify the order as the extension of time would not tantamount to clerical and 2 /or arithmetical error. Having heard the parties, this court is satisfied that the period for surrender of the petitioner in terms of order dated 01.03.2011passed in A.B.P.No. 326/2011 be extended till 17th June, 2011. Accordingly, the application stand disposed of in the abovesaid terms. Let the order be communicated through fax on depositing appropriate fee thereof. Nitesh ( Kishore K. Mandal, J.)