IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23044 of 2009 Namo Narayan Rai, Son of Late Sita Ram Rai, resident of village Chandesh, P.S. Kurhni, Distt. Kaimur at Bhabhua. ------ Petitioner. Versus 1. The State Of Bihar 2. Shiv Shankar Roy, son of Late Kawalpati Roy 3. Tej Bahadur Roy, Son of Late Rama Shankar Roy Both Opposite Party Nos. 2 and 3 are resident of village Chandesh, P.S Kurhni, Distt. Kaimur at Bhabhua. ----- Opposite Parties. ----------- 2. 12.7.2011 Heard the parties. The petitioner seeks quashing of the order dated 23.5.2009 passed by the Fast Track Court-II, Kaimur at Bhabua, in Sessions Trial No. 230 of 2006/11 of 2008 by which the Court has refused to summon the Opposite Party Nos. 2 and 3 to face trial. It has been submitted on behalf of the petitioner that the Opposite Party Nos. 2 and 3 were named in the First Information Report and, thereafter, the witnesses stated about their complicity in the matter during trial and it in fitness of things they should have been summoned under Section 319 of the Code of Criminal Procedure since there was every chance of their conviction. On the other hand, the learned counsel for the Opposite Party Nos. 2 and 3 submits that there is very week allegation against them as also that the trial is at the fag end. Considering that the complicity of the Opposite Party Nos. 2 and 3 was revealed at the earliest instance and 2 the witnesses examined during Trial also disclosed their complicity, in my view, the application is fit to be allowed. However, it will be open to the Trial Court to consider as to whether the newly added accused should be jointly tried along with the rest of the accused persons whose trial is at the fag end or separately. In view of such, the application is allowed and the order dated 23.5.2009 passed by the Fast Track Court No. 2, Kaimur at Bhabhua, in Sessions Trial No. 230 of 2006/11 of 2008, is hereby quashed. S.Ali ( Anjana Prakash, J.)