IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4588 of 2009 RAM AWADH SHUKLA Versus STATE OF BIHAR ----------- 02 30.04.2010 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner questions the rejection of his application under Section 311 Cr.P.C. for recalling four prosecution witnesses for cross- examination. The impugned order notices that the witnesses were examined and cross-examined and that no sufficient explanation has been given except to state that some relevant questions could not be put to them in cross examination. That shall not be sufficient to invoke Section 311 Cr.P.C. P.W.-5 having gone hostile and sought to be re-summoned under Section 311 Cr.P.C, this Court finds no reason to come to a different conclusion than the impugned order holding that the attempt to recall prosecution was only witnesses to fill up the same lacunae in defence evidence. The application stands dismissed. P.K. (Navin Sinha, J.)