IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30255 of 2009 KRISHNANATH SAH @ KISHNATH SAH Versus THE STATE OF BIHAR ----------- 02 19.08.2009 Heard both sides. Petitioner by filing present case seeks modification of the order dated 20.4.2009 passed in Cr. Misc. No. 46654 of 2008. By the said order he was granted privilege of anticipatory bail and was directed on his surrendering within four weeks and furnishing bail bonds the same shall be accepted. Learned counsel states that the petitioner could not surrender within time and as such he wants extension of time. In para-6 of the application the following facts have been taken. “That however, in the meantime the petitioner lost touch with his counsel as he became engaged in the treatment of his ailing father. Subsequently, the Hon,ble Court was closed for summer vacation and therefore the petitioner could not contact his counsel at Patna. Due to said communication gap the petitioner could not get the information of the aforesaid order and consequently, he could not the surrender before the learned court below within stipulated four weeks.” This Court is not satisfied about the bona fide of the statements which have been made 2 seeking modification of the order dated 20.4.2009. The application seeking modification is accordingly rejected. This Court however, observes that the petitioner shall be at liberty to bring to the notice of the Court the present order as well as the order dated 20.4.2009 while pressing his application of bail on merit. P.K. (K.K. Mandal, J.)