IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25265 of 2009 MUNSHI BESRA, son of Pradhan Besara, resident of village- Tarabari, P.S. Bardaila, Dhamdaha, District- Purnea …… Petitioner Versus THE STATE OF BIHAR …. Opp.Party ----------- 2. 08/09/2009 It appears that the petitioner of this case has also moved for bail together with two other accused persons through Cr.Misc.No.24799 of 2009. From the affidavit portion of this application, it appears that the brother of the petitioner, after getting vakalatnama of the petitioner, approached learned counsel and got this application filed. It appears that the said brother of the petitioner, who has sworn the affidavit, was not aware of the fact that the petitioner had already given a common vakalatnama with the other two accused persons earlier and bail application on behalf of the petitioner as well as two other accused persons has already been filed in this Court. From the facts of the other case, it appears that cousin of petitioner no.1 of that case was pairvikar and he filed common bail application on behalf of three accused persons including this petitioner. This mistake does not appear to be - 2 - malafide and intentional either on the part of the pairvikar or on the part of the learned counsel. Petitioner and the pairvikar all appears to be Santhalis and rustic villagers. Considering the said fact, this application is permitted to be withdrawn without going into the merits as the application of bail of this petitioner is under consideration along with other accused persons in Cr.Misc.No.24799 of 2009. Pradeep/ (J. N. Singh, J.)