IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6638 of 2008 BRIJ KISHORE PRASAD ALIAS MUNNA PRASAD SON OF LATE RUDAL MAHTO, RESIDENT OF MOHALLA-LAL BAZAAR, NONIA TOLI, BETTIAH, P.S.BETTIAH TOWN, DISTRICT-WEST CHAMPARAN. --PETITIONER Versus 1. THE STATE OF BIHAR 2. BIHAR LAL PRASAD ALIAS LAL DAROGA MAHTO, SON OF LATE SARYUG PRASAD, RESIDENT OF MOHALLA- LAL BAZAR, NONIA TOLI, BETTIAH, P.S. BETTIAH TOWN, DISTRICT-WEST CHAMPARAN. --OPPOSITE PARTY For the Petitioner : Mr. Umesh Chandra Verma 3 21.04.2010 Heard learned counsel for the petitioner. After some arguments learned counsel for the petitioner seeks permission to withdraw this application with a liberty to agitate his points as to the maintainability of the case before the trial court preferably at the time of hearing on the point of charge if the trial is yet to commence or at appropriate stage. Permission is granted. The application is dismissed as withdrawn. Simultaneously the court below is directed to proceed expeditiously and conclude the proceeding preferably within six months from the date of receipt of a copy of this 2 order. (Akhilesh Chandra, J.) AAhmad