IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34024 of 2009 1. Shiv Dulari Devi W/o Baijnath Rai 2. Ram Pravesh Rai s/o Baijnath Rai Both resident of Village Budhnagra PS Mushahari Dist. Muzaffarpur 3. Mahesh Rai s/o late Bhekhdhari Rai resident of Village Mominpur PS Mushahari Dist. Muzaffarpur Petitioners Versus STATE OF BIHAR Opp.party. ---------- 02 26.11.2009 Mr Hari Kishore Thakur, learned counsel for the petitioners seeks permission to withdraw the bail application on behalf of petitioner no.3 (Mahesh Rai) who has been arrested during the pendency of the application. Accordingly, this application as against aforesaid petitioner no.3 is dismissed as infructous. After some argument, learned counsel for the petitioners seeks permission to withdraw the application as against petitioner nos. 1 and 2 as they desire to surrender in the court below. In case, the petitioner nos. 1 and 2 surrender and pray for regular bail, the same shall be considered on its own merits without being prejudiced by this order. This application is dismissed as withdrawn. shahid (Shailesh Kumar Sinha, J)