IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.44212 of 2011 Suresh Patel @ Suresh Prasad Versus The State Of Bihar ******* 02. 21.12.2011 Heard. This is an application seeking extension of time to avail the privilege granted vide order dated 02.08.2011 passed in Cr. Misc. No. 23265/2011 in connection with Tr. No. 4025/2010 arising out of Complaint Case No. 1720/2009 pending before S.D.J.M., Sadar at Motihari, East Champaran. Submission is that due to lack of communication the petitioner appeared before the court below furnished bail bond which could not be accepted due to passage of time and expiry of stipulated period to avail the benefits. After some arguments, learned counsel for the petitioner seeks permission to withdraw this application with a liberty to surrender before the court below within four weeks and seek regular bail, where prayer for regular bail of the petitioner shall be considered by the court below on its own merit inclusive of the fact that earlier petitioner was granted the privilege of anticipatory bail which under the unavoidable circumstances he could not avail. Accordingly, this application stands disposed of as withdrawn. Let a copy of this order be communicated to the court below through Fax at the cost of the petitioner. Rajeev/- ( Akhilesh Chandra, J.)