IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27138 of 2004 1. LALIT MOHAN PRASAD, Deed Writer Civil Court, Motihari, Resident of vill – Chilwania, P.S.- Bangariyan, Motihari, District – East Champaran. 2. Birendra Kumar, son of Uday Prasad, resident of village – Bariyarpur, P.S. Chatoni, Motihari, District – East Champaran. -------- Petitioners. Versus 1. THE STATE OF BIHAR 2. Md. Jamilur Rahman, son of late Khan Bahadur Maulvi, Mohammad Jaan, resident of Mohalla – Loharpatti, Motihari, P.S. Motihari Town, District – East Champaran. --------- Opposite Parties. With Cr.Misc. No.13151 of 2003 1. DHARMENDRA KUMAR SRIVASTAVA 2. Harendra Prasad Srivastava Both sons of Late Rabin Prasad Srivastava and resident of Mohalla – Loharpatti, Motihari, P.S. Motihari, Town, District – East Champaran. -------- Petitioners. Versus 1. THE STATE OF BIHAR 2. Md. Jamilur Rahman, son of late Khan Bahadur Maulvi, Mohammad Jaan, resident of Mohalla – Loharpatti, Motihari, P.S. Motihari Town, District – East Champaran. --------- Opposite Parties. For the Petitioners : Mr. Abdul Wadood, Adv. For the Opp. Party : Mr. Chandra Mohan Jha,Adv. Mr. Ganesh Pd. Singh, Adv. For the State : Mr. Raj Ballabh Singh, APP. 07. 03.08.2010 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. It is submitted that petitioner no.1 Lalit Mohan Prasad, Deed Writer, Civil Court, 2 Motihari, is no more. Hence petition with respect to his extent becomes infructuous. Accordingly, this petition with respect to Petitioner no. 1, Lalit Mohan Prasad is dismissed as having become infructuous. After some argument, learned counsel for the petitioners seeks permission to withdraw these applications with a liberty to seek and avail remedy before the trial court in the light of prevailing state of affairs including death of some of the parties to the proceedings and settlement between their representatives etc. Permission is granted. Accordingly, both these applications stand dismissed as withdrawn. Rajeev/ (Akhilesh Chandra, J.)