IN THE HIGH COURT OF JUDICATURE AT PATNA CR. APP (DB) No.176 of 2010 ASHOK KUMAR RAI @ ASHOK KUMAR RAI Versus THE STATE OF BIHAR ----------- 08/ 08.07.2010 Perused the office notes. Learned counsel for the appellant has filed a supplementary affidavit sworn by himself in which he seeks unconditional apology for the inconvenience cause to this Court by filing the present appeal. Learned trial court in Sessions Trial No. 906 of 2006 / 56 of 2009 has convicted and sentenced all the five accused persons. The present appeal has been filed on behalf of convict Ashok Kumar Rai whose name also finds place in Cr. Appeal (DB) No. 150 of 2010 as appellant no. 1. Learned counsel for the appellant has submitted that this appeal has been filed in confusion as appellant no. 1 has no knowledge about mentioning his name in Cr. Appeal (DB) No. 150 of 2010. Learned counsel further submits that Cr. App. No. 150 of 2010 was filed earlier and in that appeal two other convicts Ram Khelawan Sahni and Premi Sahni @ Firangi Sahni are also appellants as 2 appellant nos. 2 and 3 respectively. In view of the submission of the learned counsel appearing in this appeal as also in view of the affidavit duly sworn by him, the prayer for withdrawal of this appeal i.e. Cr. App. (DB) No. 176 of 2010 is accepted. Accordingly, this appeal is withdrawn. However, record of this appeal shall be tagged with Cr. App. (DB) No. 150 of 2010. Kundan (Shyam Kishore Sharma, J.) (Gopal Prasad, J.)