IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38116 of 2009 MAHESHWAR YADAV, son of Panchu Yadav, resident of village Tikarampur, Bihari Marar Tola, P.S. Mufassil Munger, District Munger. ----- Petitioner Versus THE STATE OF BIHAR ----- Opposite Party For the petitioner :- Mr. Amir Alam, Advocate For the State :- Mr. Pronati Singh, A.P.P. ----------- 2 6.11.2009 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. This application has been filed against the order dated 8.9.2009 passed by the Additional Sessions Judge, III, Munger in Sessions Case No. 477/2006 rejecting the petitioner’s application to recall P.Ws. 1, 2 and 3 on the ground that P.Ws. 1, 2 and 3 who are the injured witnesses have given varying accounts with respect to the description of the place of occurrence. The application filed under Section 311 was also rejected by the Court below on 27.4.2009. This is the second application filed making the same prayer. The application filed under Section 311 cannot be allowed to fill up the lacuna in the evidence, and as such I find that there is no illegality or irregularity in the order impugned. This application is dismissed. Sanjay ( Sheema Ali Khan, J.)