IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40003 of 2008 YASBIR SINGH @ JASHBIR SINGH, son of Bhagya Narayan Singh, resident of Village Karhan, P.S. Kesaria, District East Champaran at Motihari -----Petitioner Versus STATE OF BIHAR ----------- 2. 5.12.2008 Heard the learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in connection with Kesaria Police Station Case No.108 of 2004 for the alleged offences under section 414 of the Indian Penal Code and sections 33, 41 and 42 of the Indian Forest Act. It is submitted that the petitioner was one of the three persons, who were identified by the police while sitting over the tractor carrying stolen Khair wood. Out of them, two have been allowed bail by the court below. The learned APP appearing for the State opposes the prayer for bail and submits that the petitioner was identified. At this stage, learned counsel for the petitioner seeks permission to withdraw this application to enable the petitioner to 2 surrender in the court below i.e., in the court of the Chief Judicial Magistrate, Motihari. The application is, thus, dismissed as withdrawn. However, it goes without saying that on surrender if an application for regular bail is filed in the court below, the same would be considered on its own merits in accordance with law without being prejudiced by the present order. PNM (Shailesh Kumar Sinha, J.)