Arbind Jha & Ors vs The State Of Bihar & Anr on 20 July, 2011

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                    Cr.Misc. No.37559 of 2008
                   1. Arbind Jha, Son of Deo Chandra Jha.
                   2. Sadashiv Jha @ P.K Jha son of Arbind Jha.
                   3. Gholtu Jha son of Harischandra Jha all are resident of village-
                      Garh Baruari p.s. and District-Supaul. ......petitioners.
                                              Versus
                   1. The State Of Bihar.
                   2. Kula Nand Singh son of late Jhunku Singh resident of village-
                      Garh Baruari, P.S. and District-Supaul. .....opposite parties.
                                                -----------

02. 20.07.2011 This application has been filed against the order

dated 29.07.2008. The grievance of the defence is that

they were not served the copy of the statement of Md.

Atobul @ Sheikh Alam and as such they could not be

cross examined.

On perusal of the record the court has come to

the conclusion that a copy of the statement of Md. Atabul

@ Sheikh Alam has been served on the defence and as

such it is lame excuse, that they were not served a copy of

the evidence. The petitioner refused to examine this

witness and now has prayed for recall of the witness for

cross examination.

The court has rightly rejected the application. I,

accordingly, do not find any merit in this application. The

application is thus dismissed.

       Devendra/                                        ( Sheema Ali Khan, J.)
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