IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.24374 of 2009 MOJJAM ALI son of Ali Imam, resident of village- Barhaiya Tola, P.S. Majhaulia, District- West Champaran …Informant/Petitioner Versus 1. THE STATE OF BIHAR, 2. Anwarul Haque son of Manshi Mian, 3. Md. Kifayatullah son of Shakir Mian, & 4. Shafi Ahmad son of Khedaru Mian, all resident of village- Barhaiya Tola, P.S.- Majhaulia, District- West Champaran …Accused/Opposite Parties ----------- 2/ 29.09.2010 Heard the parties. The petitioner being the informant is aggrieved by the order dated 27.5.2009 passed by the 3rd Additional Sessions Judge, West Champaran, Bettiah, in Sessions Trial No. 168 of 2007, by which he has refused to summon three witnesses who had been examined during investigation. The trial court has not considered as to whether the examination of the witnesses was for the just decision of the case or not and has instead applied itself that the prosecution will not be benefited from the examination of these witnesses. I am of the view that the reasoning given by the court is completely erroneous. In view of such, the matter is remanded to the 3rd Additional Sessions Judge, West Champaran, Bettiah, to pass afresh order in Sessions Trial No.168 of 2007. The application is allowed. JA/- (Anjana Prakash, J.)