IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38 of 2009 AJIT SINGH, SON OF LATE RAMESHWAR SINGH, R/V SANKHERAHA, P.S. BAHERI, DISTRICT DARBHANGA-------------------PETITIONER. Versus STATE OF BIHAR-----------------------OPPOSITE PARTY. ----------- 02. 04.02.2009. Learned counsel for the petitioner states that while rejecting the prayer for bail of the petitioner, learned Additional Sessions Judge, F.T.C.-II, Darbhanga under order dated 25.9.2008 observed that in case injury report is not received within three months then the petitioner and one another may renew their prayer for bail but ignoring such observation order dated 18.11.2008 was passed by this Court. Counsel states that he may be permitted to withdraw this application as also Cr. Misc. No. 42990 of 2008 in the light of the observation of the Additional Sessions Judge, F.T.C.-II, Darbhanga contained in order dated 25.9.2008. In the circumstances, order no. 2 dated 18.11.2008 passed in Cr. Misc. No. 42990 of 2008 is recalled and the said Cr. Misc. application is disposed of. This modification application is permitted to be withdrawn with liberty to the petitioner to move the Additional Sessions Judge, F.T.C.-II, Darbhanga for grant of bail, which prayer should be considered on its own merit. Rajesh/ (V.N.Sinha,J.)