IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.9499 of 2011 1. Dipak Singh @ Dipak Kumar, S/o – Sri Baleshwar Singh 2. Rana Rajiv Ranjan @ Chunnu Singh, S/o – Sumant Singh, both resident of village – Delha, P.S. – Buniyadganj, District – Gaya. -------- Petitioners. Versus The State of Bihar ------Opposite Party ***** 03. 02.09.2011 Heard. The petitioners apprehending their arrest in connection with Buniyadganj P.S. Case No. 71/2002, pending in the court of Chief Judicial Magistrate, Gaya. Learned counsel for the petitioner seeks permission to withdraw this application with respect to petitioner no. 1 namely, Dipak Singh @ Dipak Kumar. As submitted, he has already been arrested by the police. Hence, this application becomes infructuous with respect to petitioner no. 1. Accordingly, the application for anticipatory bail of the petitioner no.1 stands dismissed as having become infructuous. So far as petitioner no. 2 namely, Rana Rajiv Ranjan @ Chunnu Singh, is concerned, after some 2 serious arguments, learned counsel for the petitioners seeks permission to withdraw this application with respect to petitioner no. 2 with a liberty to surrender before the court below within a fortnight and seek regular bail. Permission is granted. On such prayer, regular bail of the petitioner shall be considered by the court below on its own merit without being prejudice of instant withdrawal. Accordingly, this application stands disposed of as withdrawn with respect to petitioner no. 2. Rajeev/ ( Akhilesh Chandra, J.)