IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32250 of 2008 Ganpat Prasad Singh, Son of late Ganesh Singh, Resident of Village Jahangirpur Pateha, PS Sarai, District Vaishali. ---- Petitioner Versus The State Of Bihar ----- Opposite Party ----------- 2 4.7.2011 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. The petitioner is aggrieved by the order dated 16.7.2008, passed by the Fast Track Court No. II, Vaishali at Hajipur in Sessions Trial No. 63 of 1996 arising out of Sarai PS Case No. 12 of 1995 by which the Court has summoned the petitioner along with others to face trial in this case. Four witnesses have been examined in this case to say that this petitioner along with others were also involved in the said occurrence. Learned counsel for the petitioner on the other hand submits that chargesheet could not submit against the petitioner. In fact there is no material against the petitioner except the fact that the witnesses who have some how or the other named this petitioner bore enmity towards the petitioner and as such are trying to rope him, at this belated stage. As far as, the application under Section 319 of the Code of Criminal Procedure is concerned, there can be no doubt about the fact that if the Court finds that there is sufficient material against the petitioner, elicited during the trial, it would be open to the Court to summon any such person to face trial. The order of 2 the Court below is based on the fact that four witnesses have stated that the petitioner along with others were involved in the occurrence. The issues raised on behalf of the petitioner will be examined and tested during the trial of the case. This Court finds no reason to set aside the order impugned. This application is thus, dismissed. Sanjay ( Sheema Ali Khan, J.)