IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1452 of 2010 JAIKANT YADAV Versus THE STATE OF BIHAR ----------- 04. 16.11.2010 Heard counsel for the parties. Petitioner is an accused and is facing trial being Sessions Trial No.1640/08 of the court of learned F.T.C.-III, Patna. By the order impugned, prayer made on his behalf to recall P.W.1, namely, Bhukhlu Ram for further cross- examination has been considered and rejected. It appears that petitioner earlier made an attempt before this Court for his release on bail which was disposed of by order dated 21.04.2010 with an observation that if all the prosecution witnesses are not examined within five months from the date of receipt/communication of the copy of the order in the court below, the petitioner shall have liberty to renew his prayer for bail. From the order impugned, it appears that aforesaid P.W.1 was cross-examined on behalf of petitioner. It is the case of the petitioner that aforesaid P.W.1 could not be thoroughly cross-examined in absence of a counsel who was engaged for the purpose. Learned trial court has observed that the trial is at the advanced stage where only few witnesses are left to be examined. It has thus been found that application filed on behalf of the petitioner was made to delay the trial. Learned counsel for the petitioner is also not able to satisfy this Court about the relevancy of recall of P.W.1 and allowing him for further cross- 2 examination, particularly in view of the fact that aforesaid P.W.1 was cross-examined on behalf of petitioner. This Court does not find any merit in this application which is accordingly dismissed. hr ( Kishore K. Mandal )