IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3888 of 2010 1.BHAGWAN MAHTO son of late Bihari Mahto 2.Akhilesh Mahto @ Kundan Mahto son of Bhagwan Mahto 3.Mithilesh Mahto @ Raja Mahto son of Bhagwan Mahto 4.Alakhdeo Mahto son of late Ganga Mahto 5.Kulendra Mahto son of late Ganga Mahto 6.Mahendra Mahto son of late Ganga Mahto 7.Mahesh Mahto son of Alakhdeo Mahto 8.Pankaj Mahto son of Kalendra Mahto All R/o Banger, P.S. Madanpur. Dist.-Aurangabad. Versus THE STATE OF BIHAR ----------- 2. 2.2.2010. Heard Mr.Bachanji Ojha, learned counsel for the petitioners and learned counsel for the State. The petitioners have approached this court for grant of anticipatory bail in connection with Madanpur P.S. Case No.120 of 2009 registered for the offences under sections 147, 148, 149, 323 and 307 of the Indian Penal Code and also under section 3(X) of the SC/ST Act. Besides other allegations there is specific allegation against petitioner no.6, who has inflicted Farsa blow on the person of the informant. Accordingly, prayer for grant of anticipatory bail of petitioner no.6, namely, Mahendra Mahto, is rejected. So far as other petitioners, namely, petitioner nos.1 to 5, 7 and 8 are concerned, learned counsel for the petitioners seeks permission to withdraw this application with a liberty to approach the court below for filing surrender-cum-bail petition, which may be considered on its on merit. Prayer is allowed. The application is dismissed as withdrawn in respect of petitioner no. 1 to 5, 7 and 8. 2 It is made clear that if the petitioner nos.1 to 5, 7 and 8 file surrender-cum-bail petition in the court below, the same shall be considered on its own merit without being prejudiced by this order and, if possible, shall be disposed of on the same day. Md.S. ( Rakesh Kumar, J.)