IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30061 of 2008 Chhathu @ Chhattu @ Chattu Yadav, Son of Tarini Yadav, Resident of Village Chaudharydih, P.S. Lodipur, District Bhagalpur. ---- Petitioner Versus The State Of Bihar ---- opposite party ----------- 3 27.6.2011 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. The petitioner is aggrieved by the order dated 25.4.2008 passed by the Additional Sessions Judge, Fast Track Court No. II, Bhagalpur in Sessions Trial No. 133 of 1994/Trial No. 89 of 2004 by which the Court below has refused to recall P.Ws. 1, 3, 4 and 9. It is submitted on behalf of the petitioner that these witnesses were examined in his absence. From perusal of the order sheet it would appear that this petitioner was on bail and he did not appear for a pretty long time which resulted in cancellation of his bail. Later when he appeared, some of the witnesses were examined in his presence. The trial of the petitioner was separated with the observation that the prosecution witnesses were examined in his presence of Chattu Yadav. It has also been observed that on perusal of the original record of Sessions Trial No. 133 of 1994, it would appear that all the witnesses were examined when the accused Chattu Yadav was present along with the other co-accused persons. Therefore, it is apparent that at that stage accused Chattu Yadav had got an opportunity to cross examine the above prosecution witnesses 2 which he did not do. In the circumstances, I see no reason to interfere with the order dated 25.4.2008. This application is dismissed. Sanjay ( Sheema Ali Khan, J.)