IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.45639 of 2007 GHANSHYAM SAH son of Laldhari Sah, resident of village-Laguniya Raghukanth. P.S.-Samastipur (M), Dist.-Samastipur. Versus STATE OF BIHAR ----------- 3. 5.3.2010. Heard Mr.Pankaj Kumar, learned counsel for the petitioner and learned counsel for the State. The petitioner has challenged the order dated 12.4.2004 passed by learned Chief Judicial Magistrate, Samastipur in connection with Samastipur P.S. Case No.328 of 2003 by which the learned court below has taken cognizance of the offence under section 302/34 of the Indian Penal Code differing with the final report submitted by the police. Learned counsel for the petitioner submits that in any event the petitioner had got no connection with the family dispute of the deceased or his brother and his name has been dragged in the present case. However, learned counsel after some argument seeks permission to withdraw this petition with a liberty to raise all these points at an appropriate stage. Prayer is allowed. The petition is dismissed as withdrawn with a liberty to file a petition at an appropriate stage and, if filed, the court concerned, without being prejudiced by the order of this court, may examine the same and pass appropriate order in accordance with law. Md.S. ( Rakesh Kumar,J.)