IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17852 of 2010 ROSHAN KUMAR @ RAUSHAN KUMAR SINHA Versus THE STATE OF BIHAR ----------- For the petitioner: Mr.Suraj Pd. Sinha, Sr. Advocate. For the State : Mr. Jitendra Kumar Singh No.2, A.P.P. ------------- 2 14.5.2010 Heard. By order dated 9.4.2010 passed in Cr. Misc. No. 148 of 2010 along with Cr. Misc. No. 2978 of 2010 prayer for anticipatory bail made on behalf of the petitioner in connection with Pirbahore P.S. Case No. 216 of 2009 dated 12.6.2009 was rejected and the petitioner was directed to surrender in the court below within a period of four weeks from that date. Apart from petitioner the prayer for anticipatory bail of co-accused Rakesh Kumar and Rajesh Kumar was also rejected by the same order dated 9.4.2010passed in Cr. Misc. No. 2978 of 2010 with the same direction to surrender within a period of four weeks. It is submitted by learned counsel for the petitioner that while other co-accused persons have complied with the direction of this court and surrendered within the time fixed and have been taken in judicial custody, but in certain exceptional circumstances, the petitioner could not surrender in the court below. A prayer is made that time for surrender by the petitioner be further extended for a period of at least two months. It is stated that petitioner is a student of M.B.A. course of Shriram Institute of Management and Technology, Muzaffarnagar (U.P) and second semester examination is scheduled to commence with effect from 17.5.2010 and is likely to end on 3.6.2010 and thereafter viva- voce examination shall also be conducted. - 2 - For the reasons stated in the present modification petition the order dated 9.4.2010 passed in Cr. Misc. No. 148 of 2010 is modified only to the extent that petitioner must surrender in the aforesaid case within a period of two months from today and seek regular bail, if so advised. With the aforesaid observations and directions the present petition stands disposed of. Let this order be communicated to the court below i.e. C.J.M, Patna, through fax at the cost of the petitioner. ( Birendra Prasad Verma, J. ) M.Rahman