IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.3224 of 2010 HAR SINGH SAH son of late Bangali Sah, resident of village- Barap, P.S. Agiaon, Distirct- Bhojpur ….Petitioner Versus 1. THE STATE OF BIHAR 2. Jai Singh Sah, 3. Narsingh Sah, 4. Dharam Singh Sah, 5. Prem Singh Sah Sl. No. 2 to 5 all sons of late Bangali Sah, all resident of village- Barap, P.S. Agiaon (Garhani) District- Bhojpur, 6. Ram Ishwar Singh, son of late Dharaka Singh, 7. Bali Ram Pandey son of Late Mukti Pandey, both resident of village-Barap, P.O. Bangawan, P.S. Agiaon (Garahani), District- Bhojpur, 8. Shiv Chandra Singh son of Joba Singh @ Jado Singh resident of village- Garahani Station P.O. Garahani, P.S. Agiaon (Garhani), District- Bhojpur …Opposite Parties ----------- 2/ 27.08.2010 Heard the parties. The petitioner is aggrieved by the order of the trial court dated 17.11.2009 passed in G.R. case No.1567 of 1994 by the Judicial Magistrate, 1st class, Bhojpur, Arrah, by which he has refused the prayer of the prosecution to examine two witnesses on its behalf and also the order dated 22.12.2009 passed in Cr. Revision No.187 of 2009 by the Sessions Judge, Bhojpur, Arrah, affirming the order of the Magistrate. From the order impugned, I find that the prayer was rejected on the ground that twelve years have been given to the prosecution for prosecuting the accused persons but no effective steps were taken and thereafter malicious petition was filed only in order to delay the trial. Learned counsel for the petitioner has assailed the order on the ground that the witnesses were required for just decision of - 2 - the case which should have been only consideration. I am of the view that since the trial court was of the view that evidence of the witnesses was not required for the just decision of the case that was the end of the matter. The application is dismissed. JA/- (Anjana Prakash, J.)