IN THE HIGH COURT OF JUDICATURE AT PATNA CR. APP (DB) No.561 of 2009 ARVIND MAHTO & ANR Versus STATE OF BIHAR ----------- 3. 9.7.2009 It is submitted that the appellants had already preferred Cr. Appeal No. 459 of 2009 along with certain others which was filed by another counsel on 25.5.2009. The present counsel, in all prudence, on 22.6.2009 made queries from the Registry of this Court if the appellants had filed another Cr. Appeal when it was reported to him that no appeal had been preferred by the appellants. The present appeal then came to be filed on 30.6.2009. Learned counsel for the appellants, thus, submits that the present appeal instituted after due caution was an inadvertent error. He, therefore, prays for leave to withdraw the appeal as the interest of the appellants is adequately protected in Cr. Appeal No. 459 of 2009. Cr. Appeal no. 561 of 2007 is permitted to be withdrawn. Kanth ( Navin Sinha, J.) ( Dharnidhar Jha, J.)