IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34793 of 2008 1. Sunil Narayan. 2. Sudhir Narayan, Both sons of Late Lal Singh 3. Jitendra Sharma, Son of Sri Mithil Sharma All residents of village & P.O. Mau, PS Tekari, District Gaya --- Petitioners Versus The State Of Bihar --- Opposite Party ----------- 2 11.7.2011 The petitioners are aggrieved by order dated 24.7.2008, passed by the Additional Sessions Judge, Fast Track Court No. IV, Gaya in Sessions Trial No. 40 of 2006/23 of 2006 arising out of Tekari P.S. Case No. 107 of 2004, rejecting the application of the petitioner to recall P.W. 7 the doctor who was examined during trial. The reason for recall is that one of the defence counsel Sri Murari Kumar Hemanshu was not present due to demise of his father-in-law. This argument would be attractive to the Court, but for the fact, that the senior lawyer who was conducting the case had opportunity to cross-examine the doctor concerned and the absence of Sri Murari Kumar Hemanshu was, therefore, not a detriment for the purposes of cross-examining the doctor. Considering this aspect, this Court finds that the reasons given by the Additional Sessions Judge, Fast Track Court No. IV, Gaya rejecting the petition filed on behalf of the petitioners accused is completely justified. This application is dismissed. Sanjay ( Sheema Ali Khan, J.)