IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Criminal Miscellaneous No.37113 of 2012
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              1. Ajay Sah
              2. Raghubir Sah
              3. Shambhu Prasad @ Shambhu Sah
                                                                 .... .... Petitioner/s
                                              Versus
              The State Of Bihar
                                                            .... .... Opposite Party/s
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              CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
              ORAL ORDER

02/ 10-10-2012 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending their arrest in Motihari Town P.S. Case No. 174 of 2012 registered for the offences punishable under Sections 420 and 201 of the Indian Penal Code lodged by the Sub-divisional Judicial Magistrate, Motihari.

It is alleged that earlier the petitioners were accused in a case registered under Sections 379, 420 of the Indian Penal Code, 15 of Pollution Act, 1966 and 40 of Bihar Minor Minerals Concession Rules, 1972 when Adapur P.S. Case No. 05 of 2012 was registered when the petitioners filed anticipatory bail application vide A.B.P. No. 363 of 2012 but subsequently the petitioners surrendered and got regular bail. The surrender -cum- bail Patna High Court Cr.Misc. No.37113 of 2012 (2) dt.10-10-2012 2/3 applications have been brought on record as Annexure-5 and 5/1 which were filed on 14.02.2012 and 15.02.2012, which suggest that the petitioners made averment in the petition that they are going to withdraw the anticipatory bail application. The applications for withdrawal of anticipatory bail were filed before the learned Sessions Judge on 14.02.2012 and 15.02.2012, which have been brought on record as Annexure-4 and 4/1. This case was registered with the accusation that without withdrawing the anticipatory bail applications the regular bail applications were filed and regular bail was obtained.

Since the withdrawal applications were filed for seeking regular bail, in view of this Court, it is a fit case for consideration of regular bail by the learned court below, preferably on the same day, if the petitioners surrender before the learned court below within a period of eight weeks from today in connection with Motihari Town P.S. Case No. 174 of 2012 pending in the court of learned CJM, Motihari.

With the aforesaid observation, this Patna High Court Cr.Misc. No.37113 of 2012 (2) dt.10-10-2012 3/3 application is disposed of.

Let the order be transmitted to the learned court below through fax at the cost of the petitioners.

(Dinesh Kumar Singh, J.) DKS/ .