IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7927 of 2009 1.AMAR NATH SAH @ AASH KUMAR SON OF SUMAN SAH @ SOMAN JHA 2.SOMAN SAH @ SUMAN SAH SON OF LATE JHINGUR SAH BOTH RESIDENT OF VILLAGE MADHIYA,P.S.BASOPATTI,DISTRICT MADHUBANI Versus STATE OF BIHAR ----------- 2/ 27.2.2009 Heard learned counsel for the parties. This application has been filed for modification of the order dated 15.1.2009 passed in Cr.Misc.No.40244 of 2008. It has been submitted that on 15.1.2009 wrong submission was made that petitioner no.2 has been arrested and application on his behalf has become infructuous. On that basis, the application on his behalf was dismissed as withdrawn. The fact is that petitioner no.1 Amar Nath Sah alias Aash Kumar was arrested and he is in jail custody. The prayer has been made that the order dated 15.1.2009 may be modified to the extent that the application on behalf of petitioner no.1 may be deemed to have been dismissed as withdrawn and petitioner no.2 may be granted anticipatory bail. Perused the order. The order dated 15.1.2009 is modified to the extent that the application on behalf of petitioner no.1 shall be deemed to have been dismissed as withdrawn and application on behalf of petitioner no.2 shall be deemed to have been allowed. Now on the basis of modification, petitioner no.2 Soman Sah alias Suman Sah shall surrender before the court below within three weeks from the date of receipt/production of a copy of this order and on his so surrendering, he shall be released on bail. The terms and conditions shall remain 2 the same. This modification application thus stands allowed. Let this order be transmitted to Chief Judicial Magistrate, Madhubani in Basopatti P.S.Case No. 95 of 2008 through FAX at the cost deposited by the petitioners. Tahir/- ( Shyam Kishore Sharma, J.)