IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43043 of 2007 RABINDRA PRASAD SINGH @ RABINDRA SINGH, Son of Late Bhola Singh, resident of Village-Gosin Math, P.S. Harnaut, P.O.Telmar, District-Nalanda--- Petitioner Versus 1. THE STATE OF BIHAR 2. Lal Muni Singh, Son of Late Kalu Singh, resident of Village- Gosain Math, P.S. Harnaut(Telmar), District- Nalanda --- Opp.Parties. ----------- 04 28-09-2010 After some arguments, Sri Subodh Kumar Jha, learned counsel for the petitioner seeks permission to withdraw this petition with liberty to raise all the points, which have been raised in the present petition, or any other points, if available, at the appropriate state. Smt. Indu Bala Pandey, learned Addl.Public Prosecutor appears on behalf of the State. Prayer is allowed. In this case it was submitted by Sri Jha, learned counsel for the petitioner that so far as Section 307 is concerned, keeping in view the injury and materials available on record, it is not applicable. It was submitted that it can hardly be a case for offence under Section 326 of the Indian Penal Code. Since there is remedy available to the petitioner, it would not be appropriate for this Court to pass any positive order. The matter is left open to the court below to pass appropriate order at the appropriate stage, if such point is raised. Accordingly,with the above observation and direction, the petition stands disposed of. NKS/- ( Rakesh Kumar, J.)