IN THE HIGH COURT OF JUDICATURE AT PATNA CR. MISC. NO.31432 OF 2010 RAJESH BHARDWAJ VERSUS THE STATE OF BIHAR ----------- 02. 25.08.2010 This application has been filed for modification of Order, dated 21.12.2009, passed in Cr. Misc. No. 41823 of 2009 read with Order, dated 13.01.2010, passed in Cr. Misc. No. 472 of 2010. Vide Order dated 21.12.2009 the petitioner was granted provisional anticipatory bail in connection with Arrah G. R. P.S. Case No. 73 of 2007, considering the plea of the petitioner on humanitarian ground that both the kidneys of petitioner’s father have failed and on account of this he was in need of transplantation of the kidney. Petitioner being young and energetic person offered his kidney to his father. Prayer of the petitioner was for provisional bail for the period required for transplantation of kidney, which may be approximately eight months. Considering the prayer of the petitioner, he was allowed provisional bail for eight months and was directed to surrender before the Court below on expiry of eight months time, considering the period with effect from the date of his release. Through this modification application, it has 2 been brought to the notice of the Court that subsequently petitioner’s father developed some other complications, due to which his lever became affected and now he is not in a position to get his kindly transplanted as his physical condition is not such that it will accept the donated kidney and the petitioner now is willing to surrender before the Court below and make prayer for grant of regular bail, even before expiry of eight months period, which is going to expire on 22.09.2010. Counsel for the petitioner submits that petitioner is willing to surrender before the Court below within a week. The eight months provisional period, which was allowed to the petitioner, is modified. The petitioner may surrender before the Court below within one week from today. In case of so surrendering by the petitioner, the court below will consider his case for regular bail without being prejudiced by the earlier order of rejection of anticipatory bail of the petitioner. This Order may be communicated to the court, concerned, in case requisite cost is deposited for the same by the petitioner. SKM (Mridula Mishra, J.)