IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.38258 OF 2009 1. UMA SHANKAR OJHA, SON OF LATE VIDYA OJHA 2. TEJ NARAYAN OJHA, SON OF CHULHAI OJHA ALL RESIDENT OF VILLAGE AMMA, POLICE STATION HATHAURI, DISTRICT MUZAFFARPUR …………………………………………………………………………….PETITIONERS VERSUS 1. THE STATE OF BIHAR 2. AWADHESH OJHA, SON OF LATE CHITAN OJHA, RESIDENT OF AMMA, POLICE STATION HATHURI, DISTRICT MUZAFFARPUR …………………………………………………………………………OPPOSITE PARTIES ******* 2 10/11/2009 Heard learned Counsel for the petitioners and the A.P.P. appearing on behalf of the State. The petitioners have challenged the order dated 19.08.2009 by which the Court below has issued summons under Section 319 of the Code of Criminal Procedure to the petitioners to appear in the trial of Sessions Trial No. 553 of 2001. Learned Counsel for the petitioners submits that the final form was submitted as far as the petitioners are concerned and due to enmity which exist between the family of the petitioners and the informant who are agnates, their names have been dragged in this case. The Court below has discussed the reasons and states that the informant and PW 3 have specifically stated that these petitioners were also involved in the occurrence and were present at the time of commission 2 of the offence at the place of occurrence and this fact has been corroborated by the First Information Report. Any defence taken on account of previous enmity would be available to the petitioners at the time of hearing of this case. I find no anomaly in the reasonings given by the Court below while summoning the petitioners to face trial. This application is accordingly dismissed. Anand ( Sheema Ali Khan, J.)