IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43278 of 2009 PRABHU NATH SINGH . Versus STATE OF BIHAR . ----------- 2. 02.04.2010 Heard leaned Counsel for the petitioner and the learned Counsel for the State. The petitioner, a named accused in Sessions Trial No. 351 of 1994/103 of 2009 under Section 302 of the Penal Code pending before the Court of F.T.C. No. III, Gopalganj, is aggrieved by rejection of his application, under Section 311 Cr.P.C. to file certain documents and examine a formal witness, by order dated 28.10.2009. The impugned order notices that prosecution evidence was closed on 3.7.2006. Defence evidence was closed on 25.1.2008 and the case fixed for arguments. Seven months later on 16.7.2009 petition was filed by the defence under Section 311 Cr.P.C. to file documents and to examine formal witness to prove that accused persons have got their lands adjacent to that of the informant and which was the cause for the occurrence. No reason has been urged why such application was made so belatedly. The defence had full opportunity to file documents and to examine its witness at the stage of its evidence and for seven months thereafter. They did examine three witnesses also. The Court is not satisfied of the bonafides of the petitioner in moving the application. The purpose appears to be to delay the conclusion of the trial. The application is rejected. Snkumar/- (Navin Sinha,J.)