IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13691 of 2007 1. BIRENDRA RAI, S/O DHANPATI RAI, R/O VILL- SATHIOTA, P.S. BHAGWANPUR, DISTT- VAISHALI, 2. MD. EJAZALIAS MD. EJAZUL, S/O RAHMATULLAH, R/O VILL- PURAINIA, P.S. LALGANJ, DISTT- VAISHALI. ……………..PETITIONERS Versus 1. STATE OF BIHAR, 2. SHANKAR SAH, S/O LATE RAMNA SAH, AT MANPURA, P.S.DARIYAPUR, DISTT- SARAN, CHAPRA, AT PRESENT VILLAGE PURAINIA, P.S. LALGANJ, DISTT- VAISHALI. ……………OPPOSITE PARTIES. ----------- 6 28.10.2010 After some argument Sri Devendra Prasad Singh, learned counsel for the petitioner seeks permission to withdraw this petition with liberty to raise all the point, which has been taken in the present case at an appropriate stage. It has been submitted that in the entire case diary no material has been collected, showing complicity of either of the petitioners. Accordingly, prayer is allowed. The petition is dismissed as withdrawn with liberty as indicated above. Since stand was taken by learned counsel for the petitioners that there is no material against both the petitioners, it is required to be observed that at the stage of charge, while hearing on charge and passing order, the learned Magistrate may examine the case diary and pass appropriate order assigning some reason. With the above observation and direction petition stands dismissed as withdrawn. Let a copy of this order and case diary of Lalganj P.S. Case No. 67 of 2004, which was received earlier, be sent back to the court below forthwith. Bhardwaj ( Rakesh Kumar, J.) 2