IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41 of 2002 1.BHARAT PRASAD son of late Ram Bihari Prasad 2.Prabhunath Baitha son of Sita Ram Baitha 3.Bishun Chaudhary son of Gama Chaudhary 4.Phulena Baitha son of Nathu Baitha 5.Madan Sah son of Mathura Sah 6.Siaram Baitha son of Gama Baitha 7.Tarkeshwar Baitha son of Suruj Baitha 8.Dharnidar Rai son of Gitu Rai 9.Tuntun Rai son of Dhuran Rai 10.Shivji Prasad son of Radha Prasad 11.Ashok Kumar Rai son of Raj Kumar Rai 12.Raghunath Rai son of Rakshaya Rai All residents of village-Chhota Brahmpur, P.S.- Bhagwan Bazar, Dist.-Saran. …….. …….Petitioners Versus 1.STATE OF BIHAR 2.Parmanand Prasad son of Awadh Bihari Prasad 3.Bhagwanji Prasad 4.Ramji Prasad 5.Raja Prasad All sons of Parmanand Prasad All resident of village Chhota Brahmpur, P.S.-Bhagwan Bazar, P.O.-Chapra, Dist.-Saran ……. ……Opp. Parties. ---------- 6. 25.8.2010. Today again when the case was called out, none appeared on behalf of the petitioners either to press this petition or to make a prayer for adjournment. Mr. M.N.Parbat, learned counsel appearing on behalf of opposite party no.2 to 5 and Mrs.Nirmala Kumari learned Addl. Public Prosecutor appearing on behalf of the State are present. Yesterday i.e. 24.8.2010 also none had appeared on behalf of the petitioners on call of the case whereas learned counsel for opposite party nos.2 to 5 was present. Accordingly, the petition is rejected due to non- prosecution. 2 In this case earlier lower court records were called for and are lying with the record of the present case. Office is directed to remit back the lower court records along with a copy of this order immediately. Md.S. ( Rakesh Kumar, J.)