IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.39170 OF 2009 VINAY RAM, SON OF BARHU RAM, RESIDENT OF VILLAGE TISKHORA, POLICE STATION MASAURHI, DISTRICT PATNA VERSUS THE STATE OF BIHAR ******* 3 28/01/2010 Heard learned Counsel for the petitioner and the A.P.P. appearing on behalf of the State. The petitioner has challenged the order dated 17.09.2009 by which the Court below has refused to recall PW 2 Dasai Ravidas. PW 2 was examined, cross-examined and discharged on 08.11.2007. The petitioner has filed an application for recall of PW 2 as according to the petitioner, his Counsel had not examined him on several important issues as mentioned at paragraph 6 of the supplementary affidavit. On perusal of the supplementary affidavit, I find that the Court is justified in passing the impugned order as the parties cannot recall a particular witness for the purpose of filling the lacunae in the case. This application is thus dismissed. Anand ( Sheema Ali Khan, J.)