IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29372 of 2011 1. Bhimsen Singh. 2. Birender Singh, Both sons of Sheo Raksheya Singh and resident of village-Darmi, P.S.-Simara, District-Aurangabad. ……..Petitioners. Versus The State of Bihar ……..Opp. Party. ----------- 2 26.09.2011 Heard learned counsel for the petitioner and learned counsel appearing for the State. The petitioners apprehend their arrest in connection with a case registered for the offence under Sections 147, 148, 149, 323, 341, 504, 448 and 307 of the Indian Penal Code. It is submitted on behalf of the petitioners that though allegation of assault is against 9 persons the informant has sustained only one injury. The injury sustained by the informant is simple in nature. Learned counsel for the petitioners has also produced a copy of order dated 14.6.2011 passed in Cr. Misc. No. 18579 of 2011 by this Court. The said case was in connection with a co- accused Abhimanyu Kumar Singh whose application for anticipatory bail was permitted to be withdrawn with certain observations. In the light of the aforesaid order, after some argument, learned counsel for the petitioners seeks permission to withdraw this application. Accordingly, the application is dismissed as withdrawn. However, I think it desirable that if petitioners surrender 2 before the court below and seek bail, the same shall be considered in the light of observations made in the order dated 14.6.2011 passed in Cr. Misc. No. 18579 of 2011 coupled with the fact that the informant sustained only one injury which too was simple in nature. While considering the bail application the court below shall not be prejudiced in any manner by this order. Sanjeet (Ashwani Kumar Singh, J.)