IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.6397 of 2010 PARAS PRASAD, son of Shri Gopal Prasad, resident of village- Amwa Majhar, P.S. Bettiah Muffasil, District-West Champaran ….Petitioner Versus THE STATE OF BIHAR …OP ----------- 2/ 01.10.2010 Heard the parties. It has been submitted that due to inability of the counsel for the petitioner P.W. 1 could not be cross-examined in Sessions Trial No.173 of 2009 pending before the 2nd Additional Sessions Judge, West Champaran at Bettiah, and in the interest of justice he be recalled. In my view, the trial court should have allowed the cross- examination since interest of justice will suffer if a witness is not cross-examined. In view of such, this application is allowed and the order dated 22.01.2010 passed by the 2nd Additional Sessions Judge, West Champaran, Bettiah, is hereby set aside and the trial court is directed to give at least one opportunity for cross-examination of P.W.1 in case the trial is still pending. The application stands allowed. JA/- (Anjana Prakash, J.)