IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.48579 of 2008 Gajendra Yadav @ Gajendra Prasad Yadav, Vill. Kumarkhand, P.S. Kumarkhand, Distt. Madhepura. Versus The State Of Bihar ---------------------------------- 05. 12.09.2011 This application is directed against the order dated 04.08.2008 passed by the Addl. Sessions Judge, F.T.C. No. IV, Madhepura in Sessions Trial No. 191A of 2000 summoning the petitioner under Section 319 Cr.P.C. The learned counsel appearing on behalf of the petitioner submits that while the petitioner is named in the F.I.R. and on investigation police found the case not true against the petitioner and later on the petitioner has been summoned in trial under Section 319 Cr.P.C. without evidence. It appears from perusal of the impugned order dated 04.08.2008 that the learned Sessions Judge has detailed that P.Ws.5, 8, & 9 have stated in their evidence that at the direction of the petitioner other accused Sunil Yadav shot fire on Mukesh Yadav. Under the facts as such, there is nothing in the impugned order showing abuse of process of the Court. Accordingly, this application is dismissed. However, it is made clear that the petitioner is at liberty to raise his defence as pointed out in this case in trial at the appropriate stage. Mkr. (Rajendra Kumar Mishra, J.)