IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1278 of 2011 BHAGWAN LAL YADAV AND ORS. Versus THE STATE OF BIHAR AND OTHER 2 12.01.2011 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. This is an application seeking restoration of Cr.Misc. no. 13135 of 2009 which was dismissed for non- prosecution vide order dated 05.10.2010. The aforesaid application was filed seeking quashing of order dated 24.02.2009 passed by Sessions Judge, Madhubani in Sessions Trial no. 399 of 2008 (arising out of Phulparas P.S. Case no. 67 of 2003 taking cognizance for the offences under Sections 147, 148, 452, 307, 371 of the Indian Penal Code and 27 of the Arms Act ) refusing prayer of the petitioners to remit the case before the court below as no offence under Section 307 of the Indian Penal Code was made out. During the course of argument it is submitted that trial has not only commenced but is at advance stage. In that view of the matter, learned counsel for the petitioners seeks permission to withdraw this application with the liberty to agitate all his points before the trial court at appropriate 2 stage. Permission is granted. This application stands disposed of. (Akhilesh Chandra, J.) AAhmad