IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.565 of 2008 TARKESHWAR SINGH Versus THE STATE OF BIHAR & ORS ----------- For the Appellant : M/S. Nagendra Rai & Navin Nikunj For the Respondents 1 to 3: Dr. Md. Raisul Haque, G.P.V For Respondent nos. 4 & 5: Mr. Krishna Kant Singh ------------ P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Dr. Ravi Ranjan ------------ Dated, the 11th August, 2008. We heard counsel for the appellant. 2. The only contention advanced by the counsel for the appellant is that the observations made by the Single Judge may affect the civil suit that may be filed by the appellant. 3. The apprehension of the counsel for the appellant that in the event of the appellant pursuing the remedy of civil suit, the observation made by the Single Judge may affect the consideration of the matter by the Civil Court is un-founded and misplaced. Since, it will be open to the appellant to establish his right in the civil suit, it is clarified that the order dated 24th June, 2008 shall not influence the consideration of the matter by the civil court as, obviously, the said suit shall be decided on the basis of the evidence that may be led by the parties therein. 4. Letters Patent Appeal is disposed of accordingly. R. M. Lodha, CJ AMIN Dr. Ravi Ranjan, J - 2 - AMIN/-