1 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.40815 of 2011 1. Ram Balak Choubey S/o Ram Chandra Choubey, 2. Sanjeev Choubey, S/o Ram Balak Choubey, Both R/o Village- Hasnpur Marahia, P.S. Mahnar, District- Vaishali. --Petitioenrs Versus The State Of Bihar --Opp.Party 2 21.12.2011 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. Both the petitioners are named accused in this case (Mahnar P.S. Case no. 147 of 2009, pending in the court of Chief Judicial Magistrate, Vaishali). Submission is that earlier they were granted privilege of bail by the Chief Judicial Magistrate itself on 18.11.2009. Two days thereafter on 20.11.2009 Section 302 of the Penal Code was inserted in the first information report but the privilege granted continued till cognizance is taken on 06.8.2010 on the basis of charge sheet submitted a few days before on 21st July, 2010. Simultaneous of taking cognizance for the offence, apart from other, under Section 302 of the Penal Code, the privilege granted to the petitioners were cancelled giving rise to apprehension to the 2 petitioners for being arrested. In view of the decision of this court in 204 Vol.3 BLJR 491; Mahendra Pd. Singh Vrs. State of Bihar learned counsel for the petitioners seeks permission to withdraw this application with liberty to surrender within three weeks and seek permission to remain on previous bail or alternatively seek regular bail afresh. The prayer so made may be considered in the light of the decision aforementioned. Permission is granted. The application is disposed of with the above observations. Let this order be communicated to the court below through FAX at the cost of the petitioners. AAhmad/ ( Akhilesh Chandra, J.)