IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.38312 of 2008 ***** Brijnath Singh son of Chandra Mohan Singh, resident of Fatehpur, P.S. Raghopur, District- Vaishali at Hajipur. …. …. Petitioner Versus The State of Bihar …. …. Opposite party ----------- 2. 6.5.2009. The case was instituted way back in the year 1995 for the murder having been committed by the accused persons for which Sessions Trial No. 204/96 is going on. The matter has dragged on for years for many a reasons. The present application has been filed by the petitioner stating that he has not been given an opportunity to cross-examine a prosecution witness, namely, Usha Devi, who was examined on the direction of the High Court since he was in the custody at another jail. This is going to cause serious prejudice to him in the matter. The learned trial Court vide its order dated 5.6.2008 has rejected the prayer by recording the reasons including the fact that the petition has been only filed with the object of delaying trial and there is no substance in the said submission. This Court seems to be in agreement with the order and is not inclined to entertain the submission. The advantage and disadvantage of the evidence of Usha Devi can be dealt with at the time of making final submission during the defence. The petition has no merit. It is dismissed. Pawan/- (Ajay Kumar Tripathi, J.)