IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16808 of 2007 BHOLA SAH Versus STATE OF BIHAR & ANR ----------- 7 16-09-2008 Heard the learned counsel for the petitioner as also the learned counsel for Opp.Party no.2 and learned A.P.P. for the State. The petitioner is aggrieved by order dated 12.3.2007 passed in Sessions Trial no.433 of 2003, whereby he has now been sought to be summoned under Section 319 Cr.P.C. as his named has been spelt out as an active participant in the over acts by the prosecution witnesses in their depositions in course of the trial. Submissions advance by the learned counsel for the petitioner is that admittedly although he was named in the F.I.R.,but he was not charge sheeted .However, some other witnesses have named him as one of the participants in the crime. The court has no other option but to summon the accused Bhola Sah. From the impugned order, it appears that P.Ws 1,2,7,8 and P.W.9 have specifically named him and have stated that it was he, who had assaulted with spade blow on the head of the deceased along with other co-accused persons. The evidence of the witnesses was self-sufficient for the court to summon the petitioner under Section 319 Cr.P.C. and I find no illegality or irregularity in the order. - 2 - Accordingly, this application appears to be misconceived and is dismissed. ( Abhijit Sinha, J) NKS/-