IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9923 of 2002 1.GANESH BHAGAT son of Rameshwar Bhagat 2.Ram Ekbal Bhagat son of Rameshwar Bhagat 3.Jogi Bhagat @ Yogendra Bhagat son of Rameshwar Bhagat 4.Rameshraya Bhagat son of Rameshwar Bhagat All residents of village-Majhaulia Tola Chakka, P.S.-Dumera, Dist.-Sitamarhi. …….. ……..Petitioners Versus 1.THE STATE OF BIHAR 2.Mahesh Bhagat son of Ram Bilas Bhagat Resident of Majhaulia Tola Chakka, P.S.-Dumra, Dist.- ------- For the petitioners: None For Opp.Party No.2: Mr.Shiwesh Chandra Mishra For the State : Mr. Uday Kumar. ------- 4. 24.8.2010. Today again when the case was called out, none appeared on behalf of the petitioners either to press this petition or to make a prayer for adjournment. However, Mr. Uday Kumar, learned counsel for opposite party no.2 and Mr. Shiwesh Chandra Mishra,learned A.P.P. appearing on behalf of the State are present. On 23.8.2010 also none appeared on behalf of the petitioners on call of the case. However, the case was adjourned for the day with an indication that no further adjournment shall be granted. While adjourning the case, it was noticed that interim order of stay was continuing since 13.11.2002. Accordingly, the petition is rejected due to non- prosecution. In view of rejection of this petition, interim order of stay stands automatically vacated. In this case earlier lower court records were called for and are lying with the record of the present case. Office is directed 2 to immediately remit back the lower court records along with a copy of this order. Md.S. ( Rakesh Kumar, J.)