IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1266 of 2011 JITENDRA KUMAR DUBEY @ BHULTUN @ BABA Versus THE STATE OF BIHAR 2 12.01.2011 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. This is an application seeking restoration of Cr.Misc. no. 16268 of 2009 which was dismissed for non- prosecution vide order dated 10.11.2010. The aforesaid application was filed seeking quashing of order dated 16.12.2008 passed by Chief Judicial Magistrate, Patna in Gandhi Maidan P.S. Case no. 326 of 2008 taking cognizance for the offences under Sections 399, 402, 414 of the Indian Penal Code and 25 (1-B) A, 26 and 35 of the Arms Act. After some arguments learned counsel for the petitioner seeks permission to withdraw this application with a liberty to agitate all his points before the trial court at the time of hearing on the points of charge, if the trial is yet to commence. Permission is granted. With the aforesaid liberty, this application is disposed of. (Akhilesh Chandra, J.) AAhmad