IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38589 of 2007 1. RAM NANDAN PRASAD , Son of Late Ganauri Mahto, 2. Fool Kumari @ Lilawati wife of Ram Nandan Prasad 3. Patiya Devi wife of Late Ganauri Mahto 4. Bhola Mahto son of Late Ganesh Mahto All residents of Village- Tilaiya, P.S. Banke Bazar, District-Gaya ------------------Petitioners Versus 1. THE STATE OF BIHAR 2. Umesh Singh, Son of Late Raj Keshwar Singh Mehta, resident of Village- Dugul, P.S. Kasma, District-Aurangabad --- Opp.Parties. ----------- For the petitioners: S/Sri Krishna Prasad Singh, Sr. Advocate Manish Kumar No.3 For the State: Smt. Pushpa Sinha, A.P.P. For Opp.Party No.2: Sri Pawan Kumar, Advocate. ------------- 04 15-11-2010 The present petition was filed against the order dated 16.5.2007 passed by learned Additional Sessions Judge, F.T.C.III, Aurangabad in S.Tr.No.12 of 2006/ 13 of 2006. By the said order, the learned trial judge has rejected the petition for discharge filed on behalf of the petitioners under Section 227 of the Code of Criminal Procedure. At the time of arguments, it was intimated by Sri Pawan Kumar, learned counsel appearing on behalf of Opp.Party no.2 that during the pendency of the present petition, charges were framed against all the accused persons and altogether three prosecution witnesses have already been examined. After noticing this fact, Sri Krishna Prasad Singh, learned Senior Counsel for the petitioners seeks permission to withdraw this petition and submits that he may take all these defences at the appropriate stage. However, in view of changed circumstances, he does not want to press this petition. 2 Prayer is allowed. Accordingly, this petition is dismissed as withdrawn. NKS/- ( Rakesh Kumar, J.)