IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33211 of 2009 1. SHANKAR RAI, Son of Late Sona Rai. 2. Jhapsi Rai, Son of Late Jugeshar Rai. Both residents of Mohalla- Bakarganj, P.S.- Kadamkuan, District- Patna :----- Petitioner. Versus THE STATE OF BIHAR :-----------Opposite Party ----------- 5. 14.10.2009. Heard learned counsel for the petitioners and the State. Petitioners have filed this application to modify Order No. 03 dated 09.06.2009 passed in Cr. Misc. No. 7881 of 2009, whereunder they were allowed four weeks’ time with effect from 09.06.2009 to surrender in the court below and apply for regular bail in the light of the said order. It is submitted on behalf of the petitioners that on account of the mistake committed in depositing the cost of fax they could not surrender in the court below within the time granted under the said order and for the mistake committed in depositing the cost of fax petitioners should not be penalized. Let the petitioners make aforesaid prayer in the court below which the court below should consider in accordance with law. This modification application is, accordingly, disposed of. Let this order be communicated to the court below (Chief Judicial Magistrate, Patna) in connection with Kadamkuan P.S.Case No. 220 of 2008 through fax on payment of usual charges by the petitioners. P.K.P. (V.N.Sinha,J.)