CRIMINAL MISCELLANIOUS No.10354 OF 2007 ( In the matter of an application under Section 482 of the Code of Criminal Procedure.) 1. MOHAN YADAV, son of Late Medini Yadav. 2. Chamru Yadav, son of Ram Dayal Yadav, Both resident of village Narpa, Police Station Bithan, District Samastipur. ………………………. Petitioners. Versus 1. STATE OF BIHAR. 2. Devanand Singh, son of Sri Bhup Narain Singh, resident of village Kale, P.S.Hasanpur, Distrtict –Samastipur presently Panchayat Sevak of Gram Panchayat Rajya Narpa, P.S. Bithan, District Samastipur. ……………………….. Opposite Parties. For the petitioner : Mr. Arvind Kumar. For the State : Smt. Indu Bala Pandey (APP) ----------- P R E S E N T THE HON'BLE MR. JUSTICE RAKESH KUMAR Rakesh Kumar, J. After some arguments, Mr. Arvind Kumar, learned counsel for the petitioners seeks permission to withdraw this petition with a liberty to raise all the points which have been raised in the present case at an appropriate stage. Learned counsel for the petitioners has emphasized on the basis of measurement book which has been brought on record as Annexure-2 to the petition that as per the measurement book, the entire work was executed and it is not a case of misappropriation of Government fund. 2 It may be indicated that if such petition is filed at appropriate stage, the learned Magistrate may examine the same and pass an appropriate order in accordance with law without being prejudiced with this order while passing the order, the learned Judicial Magistrate is required to assign some reasons. Accordingly, the petition is dismissed as withdrawn with liberty as indicated above. I may indicate that this Court has not examined the case on its merits. Accordingly the interim order of stay stands automatically vacated. Patna High Court /Dated the 29th of October, 2010/ Prakash/Devendra/N.A.F.R. (Rakesh Kumar, J.)