IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8498 of 2008 RAJESH RAI, son of Sri Yogi Yadav, Resident of village-Kapurpatti, P.S.-Kalyanpur, District-Samastipur. ……..Petitioner Versus The State Of Bihar ………Opposite Party ----------- 02 . 01.02.2010 Petitioner has challenged the order dated 05.01.2008 by which the Court after taking all steps for calling Dr. Mahavir Prasad to depose as witness has passed the impugned order. Petitioner had earlier moved this Court vide Cr. Misc. No. 1292 of 2007 which was disposed off by order dated 01.08.2007 in which this Court had observed that all steps should be taken to call the doctor concerned to be examined as a witness. Petitioner would have liberty of taking advantage of the fact that Dr. Mahavir Prasad, who was an important witness in this case has not been examined as yet. I see no reason to keep the case pending passed in S.T. No. 361 of 1998 pending in the Court of A.D.J., F.T.C.-4, Samastipur for the purpose of the examination of Dr. Mahavir Prasad as the order has been passed in 2008 and the trial is still pending. 2 The application is dismissed as such. Shageer (Sheema Ali Khan, J)