IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5463 of 2009 DR. SHIVA SAGAR PASWAN . Versus STATE OF BIHAR . ----------- 2/ 14/05/2010 Heard learned counsel for the petitioner and learned counsel for the State. The prayer in this application was for quashing of the First Information Report. Realizing the difficulty, learned counsel then moulded the submission to urge that he may be permitted to withdraw this application to prefer an application for discharge before the court below as it is his case that there was no material on record to justify the taking of cognizance against him. It is made clear that any such application for discharge preferred by the petitioner has to be considered on its own merits on the basis of the materials collected during investigation, without being prejudiced by the present order. The application is dismissed as withdrawn. KC ( Navin Sinha, J.)