IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3129 of 2009 1. MALIK PRASAD, SON OF BALDEO PRASAD, RESIDENT OF VILLAGE TARWARA, KOIRI TOLA, P.S. G.B. NAGAR, DISTRICT SIWAN. 2. RAM AYODHYA PRASAD, SON OF RAM NATH PRASAD, RESIDENT OF VILLAGE TARWARA, KOIRI TOLA, P.S. G.B. NAGAR, DISTRICT SIWAN. 3. RAVINDRA KUMAR PRASAD 4. RAKESH PRASAD BOTH ARE SONS OF LATE KAPILDEO PRASAD, RESIDENT OF VILLAGE TARWARA, KOIRI TOLA, P.S. G.B. NAGAR, DISTRICT SIWAN. 5. DHARAM LAL PRASAD 6. SHREE BHAGWAN PRASAD BOTH ARE SONS OF DHUPA PRASAD. RESIDENT OF VILLAGE TARWARA, P.S. G.B. NAGAR, DISTRICT SIWAN. --- PETITIONERS Versus THE STATE OF BIHAR --- OPPOSITE PARTY ----------- 2 13.4.2010 Heard the parties. It is well settled law that once persons who are not charge sheeted or against whom the Court has not taken cognizance are arrayed in a case under Section 319 of the Code of Criminal Procedure. Such persons ought to get an opportunity to examine the witnesses in the trial, and the trial would start de novo. The court has thus rightly permitted the petitioners to examine / cross examine the witnesses. However, if the Court finds that re-examination of the witnesses will take a long time, the Court may proceed with the case as far as the other co-accused persons are concerned and pass a judgment in accordance with law. This application is disposed of with the aforesaid observation. Sanjay (Sheema Ali Khan, J.)