IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.393 of 2006 Munna Singh Versus The State Of Bihar & Ors For the petitioner:-Ms. Poonam Kr. Singh, Advocate. Mr.Pankaj Kumar Singh, Advocate. For the State:- Mr. Shashi Shekhar Pd. Singh-A/C to G.P. 17. ----------- 07. 09.11.2011 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Learned counsel for the petitioner submits that though the order happens to be appealable one but under wrong notion it has been brought under challenge under Cr. P.C. and so wants to withdraw this petition with a liberty to file appeal. The learned counsel for the state did not oppose. Accordingly, the petition is dismissed as withdrawn. However, if any appeal is preferred, the appellate Court will condone the delay taking into account choosing of wrong forum for which petitioner would not be held responsible. Kamlesh (Aditya Kumar Trivedi, J.)