IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.27232 of 1999 1. MOHAN JHA S/O Late Asharfi Jha 2. Bishwambhar Jha 3. Prem Jha 4. Nunu Jha All petitioner nos.2 to 4 are sons of Late Ram Balak Jha 5. Ram Nihora Jha 6. Ram Swarth Jha, both petitioner nos.5 and 6 sons of Late Chhingi Jha 7. Sudhir Jha s/o Ram Swarath Jha 8. Ramesh Jha S/O Ram Balak Jha 9. Rash Bihari Jha 10. Lalbabu Jha, both petitioner no.9 and 10 are sons of Hriday Narayan Jha 11. Ram Kumar Jha, Son of Vishnudeo Jha 12. Vishnudeo Jha S/O Late Mahendra Narayan Jha 13. Ram Shevak Jha S/O Late Mahendra Narayan Jha 14. Upesh Jha S/O Ram Shevak Jha 15. Chandra Bhushan Jha S/O Late Ram Shewak Jha 16. Arjun Jha S/O Manikant Jha 17. Lalan Jha, Son of Chandar Jha 18. Guddu Jha S/O Krishnakant Jha All are residents of village- Deokuli, P.S. Bahadurpur, District-Darbhanga --------- Petitioners Versus 1. THE STATE OF BIHAR 2. Ramlala Jha S/O Late Pt. Babu Prasad Jha, resident of Mohalla- Belbaganj, Anhariyabagh , P.S. Bahadurpur, Distt.- Darbhanga ----------------- Opp.Parties. ----------- For the petitioners: Mr. Kumar Ravi Shankar, Advocate For the State : Smt. Indu Bala Pandey, A.P.P. ---------- 05 12-05-2010 After some arguments, learned counsel for the petitioners seeks permission to withdraw this application with liberty to raise all the points, which have been raised in the present petition, at the stage of charge. The prayer is allowed. Accordingly, the petition is dismissed as withdrawn 2 with liberty as indicated above. If at the stage of charge, the petition is filed by the petitioners taking defence, which have been taken in the present case, the learned Magistrate is required to examine the same and pass appropriate order in accordance with law without being prejudiced by rejection of the present petition. In this case earlier lower court record was called for and is lying with the record of the present case. In view of rejection of the present petition, office is directed to remit back the lower court record to the court below. Let a copy of this order be sent to the court below forthwith. NKS/- ( Rakesh Kumar, J )