IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2967 of 2009 DILIP KUMAR Versus STATE OF BIHAR ----------- 03. 04.03.2009 This matter has been listed under the heading ‘to be mentioned’ at the instance of the petitioner. Learned counsel for the petitioner submits that he has filed an application on 03.03.2009 (vide token No. 6399) seeking amendment in the order with regard to the period stipulated under order dated 04.02.2009 for surrender of the petitioner. The said application however is not on record. Office is directed to locate the said application and placed on the record of this case. A plain copy of the said application has been filed which is placed on record and marked as ‘X’. Learned counsel for the petitioner with reference to the averments made in paragraph nos. 4 and 5 of the application seeks extension of time for surrender so granted under order dated 04.02.2009. Paragraph nos. 4 and 5 of the application reads thus: “4. That the petitioner could not get him surrender within the stipulated period i.e. within 3.3.2009 as he is in service in Army (Artilary) posted in Punjab as wireless operator. 5. That he tried his level to get leave from there for surrending in this court any how within 3.3.2009, but the controlling officer of the petitioner did not allowed him to go on leave and 2 has allowed him to go on leave after 6.3.2009.” In the facts and circumstances of the case, the same is allowed. The petitioner is directed to surrender within two weeks from today. The order dated 04.02.2009 stands modified to that extent. As prayed for, the present order shall be communicated through FAX to the court concerned on depositing appropriate fees within time. Sym ( Kishore K. Mandal, J.)