IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38624 of 2009 1. BINOD YADAV, SON OF BHARAT YADAV 2. SAKINDRA YADAV @ SAKO YADAV, SON OF LATE BASO YADAV, ALL ARE RESIDENT OF VILLAGE ISLAM NAGAR, P.S. CHANDRADEEP (SIKANDARA), DISTRICT JAMUI. ----- PETITIONERS Versus THE STATE OF BIHAR ----- OPPOSITE PARTY ----------- 2 23.11.2009 Heard the parties. This application has been filed against the order dated 9.10.2009 passed by the Sessions Judge, Jamui in Sessions Trial No. 328/2006 arising out of Sikandara P.S. Case No. 42/2006 by which the Court has allowed the informant’s application under Section 311 of the Code of Criminal Procedure. The informant had filed an application to bring on record a copy of the First Information Report of Sikandra (Chandradip) P.S. Case Nos. 59/2002 and 99/2002. The issue was whether Birendra Yadav @ Bijendra Yadav, son of Baleshwar Yadav is the same person as Baleshwar Yadav @ Balkishun Yadav. The Court has found that the document would be essential to come to a just decision in this case. In the facts aforesaid, I do not think that the delay in filing this application can be a ground for rejecting it as the application was filed, when the accused had taken a defence regarding this aspect of the matter. This application is dismissed. Sanjay (Sheema Ali Khan, J.)