IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.50543 of 2007 1. KEDAR SAH, SON OF LATE GANESH SAH. 2. SITA RAM SHARMA. 3. RAM SAGAR SHARMA. BOTH SONS OF GAUTAM SHARMA. ALL RESIDENTS OF VILLAGE-SAKRI, P.S. BHAGALPUR, DISTRICT-SIWAN. ………………………………………………………PETITIONERS. Versus THE STATE OF BIHAR……………………..OPPOSITE PARTY. ----------- For the Petitioners : Mr. Mithilesh Kumar, Advocate. For the State : Mr. Jharkhandi Upadhyay, A.P.P. ----------------- 3. 28.1.2009. Heard the learned counsel for the petitioners and the learned A.P.P. for the State. The petitioners have challenged the order dated 10.7.2007 passed by the learned Presidng Judge, Fast Track Court No.III, Siwan, in Sessions Trial No.316 of 2000 arising out of Bhagwanpur P.S. Case No.70 of 1999, whereby he has rejected the prayer of the petitioners to recall P.W.2 who happens to be the informant since the defence in course of their cross examination had forgotten to put certain questions to the witness. Section 311 Cr.P.C. is not meant to help either the prosecution or the defence or is not meant for filling up loopholes in their case. Apparently, the defence had been given adequate opportunity and time to cross examine the witness which they did to their satisfaction and it was later on detected that they had missed to - 2 - put certain questions to the witness. Apparently, there is no merit in this application which has been used as a modus operandus to prolong the trial. Due regard being had to the facts and the circumstances of the case, the application is dismissed. P.S. (Abhijit Sinha,J)