IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36644 of 2008 Md.Naseer, son of Khoda Baksh, ward no. 20 Gangajalla, Niyamat Tola, P.S. + District- Saharsa. …. Petitoner. Versus The State Of Bihar ----------- 2. 15.07.2011. This application has been filed challenging the order dated 06.08.2008 filed on behalf of the informant under Section 319 of the Criminal Procedure Code praying therein to issue notice against Kailu Yadav, Bijay Yadav, Binda Yadav, Tuntun Yadav and Chandra Kishore Yadav in this case. The Court on going through the material and the evidence in this case has come to the conclusion that the witnesses have not disclosed the name of these persons, except to say that Chunchun Yadav, Kailu Yadav and Binda Yadav had left the house and have participated in criminal conspiracy. The Court has taken into account that apart from suspicious raised against these three persons, there is not enough material to prima facie establish their participation in the occurrence, considering the fact that this case is one of circumstantial evidence. When an application is filed under Section 319 Cr.P.C. on behalf of the prosecution, to notice a person to face trial, the Court below while considering the application has to be satisfied that a prima facie case is made out against such person, so that it would require him to face trial. It may be noted the petitioners were named, however, during the course of the investigation material could not be gathered to indicate their 2 participation. Consequently during trial, the Court has also found, that the witnesses have not been able to show that these persons were involved in the occurrence. Considering the entire order and the reasoning of the Court, I find that there is no ground to interfere with the impugned order. This application is dismissed. Md. Ibrarul (Sheema Ali Khan ,J.)