IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.32645 of 2011 ====================================================== Rakesh Yadav @ Rakesh Singh, S/O Satya Narayan Yadav, resident of Village-Degodihari, P.S. Charpokhari , District-Bhojpur, Ara. .... .... Petitioner/s Versus The State of Bihar . .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajiv Ranja, Advocate For the Opposite Party/s : Mr. Fahimuddin, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA) 2 16-11-2011 Heard. The present petition has been filed on behalf of the petitioner no.3 of Cr. Misc. No. 12121 of 2010 seeking modification of order dated 03.05.2010, whereby the petitioner nos. 2 to 5 were granted anticipatory bail in the event of their arrest or surrender within a period of four weeks from that date in connection with Charpokhari P.S. Case No. 57 of 2009 pending in the court of learned Chief Judicial Magistrate, Bhojpur, Ara. It is submitted that though other petitioners surrendered in the court below within the time prescribed and were enlarged on bail in terms of aforesaid order dated 03.05.2010 passed in Cr. Misc. No. 12121 of 2010, but for certain unavoidable reasons, the petitioner could not surrender in the court below within time prescribed by Patna High Court Cr.Misc. No.32645 of 2011 (2) dt.16-11-2011 2 this Court. Therefore, it is submitted that unless and until, period of surrender is enlarged, the petitioner shall not be released on bail. On the facts and in the circumstances, if the petitioner surrenders on or before 2nd December 2011 in connection with Charpokhari P.S. Case No. 57 of 2009 pending in the court of learned Chief Judicial Magistrate, Bhojpur, Ara, then he shall be enlarged on bail in terms of aforesaid order dated 03.05.2010 passed in Cr. Misc. No. 12121 of 2010. With the aforesaid observations and directions, the order dated 03.05.2011 stands modified to the extent indicated and present application stands disposed of. Let this order be communicated to the court below through FAX at the cost of the petitioner. Anjani /- (Birendra Prasad Verma, J)