IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7285 of 2008 RIYAULLAH KHAN @ RAJA SON OF MD. NAYEEM KHAN, RESIDENT OF VILLAGE-SIHULI, P.S. AMAS, DIST- GAYA. --PETITIONER Versus 1. THE STATE OF BIHAR 2. DULARE HASSAN KHAN, SON OF LATE HAYAT KHAN, RESIDENT OF VILLAGE- KALWAN, P.S. AMAS, DISTRICT-GAYA. --OPP.PARTIES _______ For the Petitioner : M/s Yogesh Chandra Verma, Sr. Adv. Sudhir Kr. Sinha & Anil Kr. Sinha For the State : Mr. Uday Chand Prasad,APP. 3 23.04.2010 Ahmad/ Heard both sides. After some arguments learned counsel for the petitioner seeks permission to withdraw this application with a liberty to agitate all his points before the trial court regarding non-involvement of the petitioner coupled with plea of alibi at appropriate stage preferably at the time of hearing on the point of charge. Permission is granted. The application is dismissed as withdrawn. (Akhilesh Chandra, J.) 2