IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25306 of 2007 SUNIL KUMAR SINHA S/O Late Shiv Kumar Prasad Sinha, resident of Village-Aiman Bigha, P.S. Fatuha, District-Patna, at present posted at Gramin Vikash Special Division, Parent Department, Irrigation Department, Hazaribagh,Jharkhand --------------- Petitioner Versus 1. THE STATE OF BIHAR 2. BLOCK DEVELOPMENT OFFICER, BHAGWANPUR, District-Begusarai ( Informant) ------------------ Opp.Parties. ----------- 07 22-02-2010 Heard Mr. Sachitanand Choudhary, learned counsel for the petitioner and Mr. R.N.Jha, learned A.P.P. for the State. After some argument, learned counsel for the petitioner seeks permission to withdraw this application with a liberty to raise all the points at the stage of charge. Learned counsel for the petitioner submits that even on the basis of entire materials collected in the case diary no case is made out. If such petition is filed before the court below and petitioner makes submission that no case is made out on the basis of materials available on the record, the court below will examine the entire things on the basis of materials - 2 - available on the record and pass appropriate order in accordance with law without being prejudiced by the present order . Prayer is allowed. Accordingly, this application is dismissed as withdrawn. NKS/- ( Rakesh Kumar, J)