IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11463 of 2010 1. MD.KURBAN MIAN, SON OF LATE SUBHAN 2. MD. SHAMSHAD ALAM 3. MD. NAUSHAD ALAM, BOTH SONS OF MD. KURBAN MIAN ALL RESIDENT OF MOHALLA-KHANKAH NAWAB TOLI, P.S.-BIHARSHARIF, DISTT.- NALANDA. …..Petitioner. Versus THE STATE OF BIHAR …..Opposite Party. For the Petitioner : Mr. Satya Prakash (Adv). For the State : APP. ----------- 02/ 12.05.2010 This application has been filed for modification of the order dated 09.02.2010 passed in Cr. Misc. No. 41938 of 2009 by which the petitioners were directed to surrender within twenty days from the date of receipt/production of the order. Submission is that the petitioners have not surrendered due to circumstances which were not within their control. Petitioner No. 1 Md. Kurban Mian, S/O Late Subhan, Petitioner No. 2 Md. Shamshad Alam and Md. Naushad Alam, both sons of Petitioner No. 1 – all resident of mohalla-Khankah Nawab toil, P.S.-Biharsharif, Distt.-Nalanda were granted anticipatory bail on 09.02.2010 on their arrest/surrender before the court below within twenty days from the date of receipt/production of a copy of the order in connection with Complaint Case No. 647 of 2006. Considering the facts and circumstances 2 of the case, the order dated 09.02.2010 is modified to the extent that the date of surrender of the petitioners is extended to a further period of three weeks from the date of receipt/production of this order and other terms and conditions of the order dated 09.02.2010 shall remain the same. This modification application is allowed. Let the order be transmitted to the satisfaction of learned Chief Judicial Magistrate/court concerned, Nalanda in connection with Complaint Case No. 647 of 2006 through Fax if the cost is deposited by the petitioner. kksinha/ (Shyam Kishore Sharma, J.)