IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31803 of 2008 Shiv Kumar Pal, Son of Hari Pal, Resident of Village Chaman Bigha, PS Islampur, District Nalanda. ---- Petitioner Versus 1. The State Of Bihar. 2. Suresh Singh @ Ram Suresh Singh @ Suresh Yadav 3. Naresh Singh @ Ram Naresh Singh @ Naresh Yadav. Both sons of Radhey Yadav, Both resident of Village Sohjana Makdumpur (Pyanepar) PS Islampur, District Nalanda. ----- Opposite Parties. ----------- 2 30.6.2011 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State. The petitioners who are the informant are aggrieved by order dated 6.5.2008 passed by the Additional Sessions Judge, Fast Track Court No. IV, Nalanda in Sessions Trial No. 543 of 2006 by which the Court below has rejected the petition under Section 319 of the Code of Criminal Procedure to summon Suresh Singh @ Ram Suresh Singh @ Suresh Yadav and Naresh Singh @ Ram Naresh Singh @ Naresh Yadav in this case under Section 302/34 of the Indian Penal Code and 27 of the Arms Act. Learned counsel for the petitioners submits that certain witnesses have stated that the petitioners were responsible for the commission of the crime, whereas, the informant who is an eye witness, and brother and mother of the informant have not taken the name of these two alleged accused persons in the First Information Report or in their evidence before the Court. Under these circumstances, the Court below has rejected the application filed under Section 319 of the Code of Criminal Procedure. The Trial Court has the power to summon any person during the course 2 of trial under Section 319 of the Code of Criminal Procedure. This power has to be used carefully after looking into the evidence. Since the Court has found that the eye witnesses have not named these two persons as being involved in the occurrence, I see no illegality in the order impugned. This application is dismissed. Sanjay ( Sheema Ali Khan, J.)