IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21093 of 2000 1. SRI NIWAS SHARMA, SON OF LATE AWADH BIHARI SHARMA, RESIDENT OF VILLAGE ARANDA, P.S. UPHARA, DIST. AURANGABAD, AT PRESENT CHAIRMAN, P.A.C.S. UPHARA. 2. INDU BHUSHAN SINGH, SON OF LATE ABHAY NARAIN SINGH, RESIDENT OF VILLAGE UPHARA, P.S. UPHARA, DIST. AURANGABAD, AT PRESENT ASSISTANT MANAGER, COOPERATIVE BANK, UPHARA BRANCH, DIST. AURANGABAD. ... ... PETITIONERS. Versus 1. STATE OF BIHAR 2. RAJNATH SINGH, SON OF REGNI SINGH, RESIDENT OF VILLAGE & P.S. UPHARA, DIST. AURANGABAD. ... ... OPPOSITE PARTIES. ---- For the Petitioners : M/S Rama Kant Sharma, Sr.Adv. L.K. Sharma, Adv. For the State : Mrs.Indu Bala Pandey, A.P.P. ----------- 5. 11.8.2010. Learned Senior Counsel Shri Rama Kant Sharma, appearing on behalf of the petitioners, while pressing the present petition, submitted that despite the fact that in the case diary, there were no material showing involvement of the petitioners, the learned Magistrate, contrary to the court, has differed with the recommendation of the police and passed the order of cognizance. However, after some argument, he seeks permission to withdraw this petition with liberty to raise the plea at the time of charge. Prayer is allowed. Accordingly, the petition is 2 N.H./ dismissed as withdrawn with liberty as indicated above. In view of rejection of this petition, interim order of stay dated 28.8.2001 stands automatically vacated. Let a copy of this order be sent to the court below forthwith. ( Rakesh Kumar,J.)