Criminal Miscellaneous No.1098 OF 1998 In the matter of an application under Section 482 of the Code of Criminal Procedure Sanjay Kumar Singh @ Kumar Sanjay Prabhat, Son of Sri Pasupati Singh, resident of Village- Kawalpura, Tole Ekawana, P.S. Mashrakh, District-Chapra( Saran) ------------ Petitioners Versus 1. THE STATE OF BIHAR. 2. Rana Pratap Singh, Son of Kishundeo Singh, resident of Village- Ekawana, P.S. Mashrakh, District- Chapra ( Saran) ----------- Opp.Parties. P R E S E N T THE HON'BLE SHRI JUSTICE RAKESH KUMAR Rakesh Kumar, J The petitioner in the present case has questioned the order dated 19.9.1997 passed by the learned Sessions Judge, Saran at Chapra in Sessions Trial No.822 of 1994. By the impugned order, the learned Sessions Judge has allowed the petition filed under Section 319 of the Code of Criminal Procedure, which was filed on behalf of the prosecution for summoning the petitioner and one another accused and the court below ordered for issuance of non-bailable warrant of arrest for securing the attendance of this petitioner and one another accused. The learned Sessions Judge, while passing the order under Section 319 Cr.P.C., examined the evidence, which were brought on record for prosecution. It has been indicated in the impugned order that altogether five witnesses were examined till date, out of them P.Ws. 3, 4 and 5 turned hostile. On - 2 - examination of evidence of P.W.1, the learned court below had come to the conclusion that in the occurrence, in which the brother of the informant was murdered by way of piercing knife by one of the accused Sanjay Chaurasiya. As per the evidence, which has been noticed by the court below, during the occurrence this petitioner and one another were holding hands of the deceased. On the basis of evidence, which were brought on record, the learned court below accepted the plea of the prosecution and passed the impugned order. I do not see any error in the impugned order. Accordingly, petition stands rejected. In the present case, by the order dated 18.2.1998, operation of the impugned order was directed to remain stayed. In view of the rejection of the present petition, the interim order of stay stands automatically vacated. Let this order and case diary be communicated to the court below forthwith. Patna High Court,Patna Dated : the 19th March,2010 Nawal Kishore Singh/N.A.F.R. ( Rakesh Kumar, J)