IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27021 of 2009 1. MD. HAMID SON OF LATE MD. YASIN 2. MD. SHARIF SON OF MD. AZIZ 3. SHAKEELA KHATOON WIFE OF MD. SHARIF, ALL ARE RESIDENT OF VILLAGE SHANKAR SARAIYA, P.S. PIPRA KOTHI, DISTRICT EAST CHAMPARAN, AT PRESENT KAZI MOHAMMADPUR, P.S. PAROO, DISTRICT- MUZAFFARPUR 4. MD. SAFIQUE SON OF YASIN 5. MADINA KHATOON, WIFE OF HAMID, ALL ARE RESIDENT OF VILLAGE- KAZI MOHAMMADPUR, P.S. PAROO, DISTRICT- MUZAFFARPUR Versus STATE OF BIHAR ----------- 2 29.07.2009 Heard. This is an application for modification of the order dated 05.12.2008 passed in Cr. Misc. No. 39679 of 2008 granting anticipatory bail to the petitioners allowing four weeks time for surrender. It is submitted that the order granting bail could not be communicated to the petitioner in time, and as such, they did not surrender, however later the petitioner no.1 Md. Hamid petitioner no.2. Md. Sharif were arrested and later the petitioner no.2 was allowed regular bail by the Court below and the application of petitioner no.1 was rejected, as stated in paragraphs 6 & 7 of the present application. Learned counsel for the petitioners submits that since the petitioner no.1 has been arrested, as such, the application for grant of anticipatory bail to him has 2 become infructuous. Learned counsel in the above circumstances submits that the time granted for surrender to the rest of three petitioners be extended. Considering the submissions and the grounds stated in the petition, the time granted for surrender of the petitioner nos. 3, 4 & 5, above named, is hereby extended by another four weeks from today. The order dated 05.12.2008 passed in Cr. Misc. No. 39679 of 2008 is modified to the above extent. The order may be communicated to the Court of Sub-Divisional Judicial Magistrate, West, Muzaffarpur in connection with Paroo P.S. Case No. 156 of 2007 through FAX on the cost being deposited by the petitioners. Manish/- (Shailesh Kumar Sinha,J)