IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26343 of 2007 1. ROHAN GOPE son of Parbhu Gope 2. Bhola Gope son of Budhan Gope 3. Bhagwat Gope son of Chhatradhari Gope 4. Bhikhari Paswan son of Guru Sahai Disadh. All residents of village- Bourhi, P. O. Rajauli, P. S. Rajauli, District- Nawada. … Petitioners Versus 1. THE STATE OF BIHAR 2. Kaushilya Devi wife of Manoj Kumar Yadav, 3. Manoj Kumar Yadav son of late Shyam Lal Yadav, Both residents of village Chautha, P. S. Rajauli, District Nawada. … Opposite parties. ----------- 5. 07.08.2009. Heard counsel for the petitioner and counsel for the State. The only submission as against the impugned order converting a proceeding under Section 144 Cr.P.C. into a proceeding under Section 145 Cr.P.C. is that the dispute for the land in question is covered by a decree of civil court. In this context, learned counsel for the petitioner has placed reliance upon a judgment of this Court in the case of Subash Pd. Singh & Ors. vs. State of Bihar & Ors. reported in 1986 PLJR 1176. If that be so, the petitioner can always demonstrate this fact before the concerned court where the matter is pending and the court below is always expected to take into consideration the same while passing its final order. 2 In the light of aforementioned observations, learned counsel for the petitioners seeks permission to withdraw this application. Permission is accorded. Accordingly, this application with the aforementioned observations is dismissed as withdrawn. kanchan (Mihir Kumar Jha, J.)