IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37559 of 2008 1. Arbind Jha, Son of Deo Chandra Jha. 2. Sadashiv Jha @ P.K Jha son of Arbind Jha. 3. Gholtu Jha son of Harischandra Jha all are resident of village- Garh Baruari p.s. and District-Supaul. ……petitioners. Versus 1. The State Of Bihar. 2. Kula Nand Singh son of late Jhunku Singh resident of village- Garh Baruari, P.S. and District-Supaul. …..opposite parties. ----------- 02. 20.07.2011 This application has been filed against the order dated 29.07.2008. The grievance of the defence is that they were not served the copy of the statement of Md. Atobul @ Sheikh Alam and as such they could not be cross examined. On perusal of the record the court has come to the conclusion that a copy of the statement of Md. Atabul @ Sheikh Alam has been served on the defence and as such it is lame excuse, that they were not served a copy of the evidence. The petitioner refused to examine this witness and now has prayed for recall of the witness for cross examination. The court has rightly rejected the application. I, accordingly, do not find any merit in this application. The application is thus dismissed. Devendra/ ( Sheema Ali Khan, J.) 2