IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1654 of 1998 1. Ramesh Chandra Sinha S/O Baidayanath Sinha 2. Suresh Chandra Sinha, S/O Baidaynath Sinha Both of Village & P.O. Rupauli, P.s. Saraiya, District- Muzaffarpur ---------------- Petitioner Versus 1. THE STATE OF BIHAR 2. Dharm Dinesh Ray S/O Gopal Ray, resident of Vill. Rupauli, P.S. Saraiya, P.O. Rupauli, District-Muzaffarpur -------------- Opp.Parties. ----------- 08 19-03-2010 Learned counsel for the petitioner has argued that the petitioner is by caste ‘Kharwar’ and not ‘Kahar’, as has been alleged by the complainant. He has also brought on record several documents in support of his plea. Since this Court is not inclined to examine those documents, learned counsel for the petitioner seeks permission to withdraw this application, so that he can file a petition at the stage of charge and satisfy the court below at the appropriate stage by producing all such documents in his favour. Prayer is allowed. This application is dismissed as withdrawn. However, if such petition is filed on behalf of the petitioner - 2 - before the court below, the court below may examine the same on its own merit without being prejudiced by this order. NKS/- ( Rakesh Kumar, J)