IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7607 of 2009 1. MUNESHWAR RAI, SON OF LATE RAMBAYAS RAI 2. TEJ NARAYAN RAI, SON OF MUNESHWAR RAI 3. SURENDRA RAI, SON OF LATE BHAGIRATHI RAI ALL ARE R/O VILLAGE – RUPAPOKHAR, P.O. + P.S. – RAJPUR, DISTRICT BUXAR. -------- PETITIONERS. Versus STATE OF BIHAR ------- OPPOSITE PARTY. ----------- 2. 25.08.2010 Heard the parties. The petitioner is aggrieved by the order of the trial court by which he has refused the application filed on his behalf under Section 311 Cr. P.C. for recall of PW-1. I find from the impugned order that the witness was examined on 4.2.2003 itself whereas the application for recall had been filed on 18.10.2008 and the present application was filed on 20.2.2009 which evidently demonstrates that the entire exercise is being conducted only to delay the trial. The application is dismissed. S.Ali ( Anjana Prakash, J.)