IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.23005 OF 2009 RAVINDRA KUMAR @ RAVINDRA YADAV, SON OF RAM NARAYAN YADAV, RESIDENT OF VILLAGE DALSAHMANCHAK, POLICE STATION BARH, DISTRICT PATNA VERSUS THE STATE OF BIHAR ********* 2 28/01/2010 Heard learned Counsel for the petitioner and the A.P.P. appearing on behalf of the State. This application has been filed on behalf of the defence to recall PW 1 Janki Devi who was examined on 16.07.2008 by the defence. The petitioner who is the accused in this case is in custody and it is submitted on his behalf that when the case was opened for examination of the witnesses, the petitioner did not get any opportunity to give full instructions to his Counsel. This Court takes notice of the fact that the accused persons who are in custody have to remain in Court for the whole day in the Court and, therefore, they did not get an opportunity to interact with their counsel which leads to some difficulty for the defence. In this case, the facts reveal that although PW 1 was examined but the defence could not cross- examine her on basic facts surrounding the occurrence such as time of occurrence, place of occurrence and the alleged motive for the occurrence. 2 I think that it would be in the interest of justice that PW 1 is recalled for re-examination. The Court below should fix a time to enable PW 1 to appear before the Court below in this matter for cross- examination. This order is subject to the fact that the evidence has not been closed and arguments have not commenced in the case. This application is allowed to the extent indicated aforesaid. Anand ( Sheema Ali Khan, J.)