IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41996 of 2005 SEKH AMIR NIZAMUDDIN @ AMIR NIZAMUDDIN, SON OF MD. YUNUS, RESIDENT OF VILLAGE NAYA TOLA BELA, P.S. AMDABAD, DISTRICT KATIHAR. Versus 1. STATE OF BIHAR 2. PURUSHOTTAM PASWAN SON OF NOT KNOWN TO THE PETITIONER, CIRCLE OFFICER-CUM-BLOCK DEVELOPMENT OFFICER, AMDABAD, P.S. AMDABAD, DISTRICT KATIHAR. ----------- 11. 23.2.2010. N.H./ After some argument, learned counsel for the petitioner seeks permission to withdraw the application with liberty to file appropriate petition at appropriate stage. If such petition is filed, the court below will examine the same and decide it on its own merit without being prejudiced by this order. Accordingly, order of stay which was granted vide order dated 17.1.2007 stands vacated. The petition is dismissed as withdrawn. In this case, it appears that by order of the court, original case diary was received. Accordingly, office is directed to immediately remit back the case diary to the court below. ( Rakesh Kumar,J.) - 2 -