IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27617 of 2009 1. HARINANDAN SHARMA S/o Late Bihari Thakur 2. Om Prakesh Sharma S/o Harinandan Sharma 3. Prem Prakash Sharma S/o Harinandan Sharma 4. Ajay Prasad Sharma S/o Harinandan Sharma 5. Jai Prakash Kumar S/o Harinandan Sharma 6. Kumaria Devi , Smt. Raj Kumari Devi W/o Harinandan Sharma. All resident of Mohalla _Dusadhi Pakari, P.S.- Hanuman Nagar, Kankarbagh, Patna. District- Patna. Versus 1. THE STATE OF BIHAR 2. Arjun Thakur S/o Late Gauri Shankar Thakur Resident of Dharmpur, P.S.- Noorsarai, District- Nalanda ----------- 2. 6.4.2010 Heard learned counsel for the petitioners and the State. The petitioners arrayed as an accused in Biharsharif G.R. NO. 472 of 1999, police case lodged under Sections 406, 420 and 323 of the Penal Code are aggrieved by the order dated 7.3.2008 allowing the application of the prosecution under Section 311 Cr. P.C. for examination of the informant who had failed to appear earlier at the stage of prosecution evidence as affirmed in Criminal Revision No. 124 of 2008 on 11.12.2008. The power under Section 311 of the Cr. P.C. is discretionary in nature vested in the trial Court to be exercised at any stage of the trial in a manner considered essential for a just decision of the case. The fact that the Court was guided in the 2 exercise of discretion by the fact that the witnesses to be examined was the informant himself, a crucial witness, but had not been examined earlier and who had explained the reason for non appearance satisfying the Court, there has been no impropriety in the exercise of discretion warranting interference. In any event of the matter, it is fairly submitted that the examination-in-chief of the informant has been completed on 3.4.2008, the delay in cross examination is for the petitioner to answer. The application is dismissed. P. Kumar (Navin Sinha, J.)