IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.8687 OF 2008 VIJAY KUMAR ABHILASH, SON OF LATE RAMPATI BHAGAT, RESIDENT OF VILLAGE ANWARPUR EAST, POLICE STATION TOWN, HAJIPUR, DISTRICT VAISHALI VERSUS THE STATE OF BIHAR ********* 2 16/02/2010 Heard learned Counsel for the petitioner and the A.P.P. appearing on behalf of the State. This application has been filed against the order dated 13.01.2008/14.01.2008 passed by the Judicial Magistrate, 1st Class, Hajipur, Vaishali. An application was filed to examine Chandeshwary Pandey before charge on the ground that the charge sheet witnesses have connived with the accused persons and are not likely to give proper evidence. The Court below has allowed the application. I see no illegality in the impugned order as it is always open to the petitioner to challenge the evidence of this witness on the ground that he is not a charge sheeted witness or is not an eye-witness or for any other reasons that the petitioner deems fit and proper. This application is disposed of with the aforesaid observations. Anand ( Sheema Ali Khan, J.)