IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10421 of 2010 1. SATYA NARAYAN YADAV S/O LATE DHANBEER YADAV R/O VILLAGE- RAMNAGAR, P.S. PHULPARAS, DISTRICT: MADHUBANI ……………… Petitioner. Versus 1. STATE OF BIHAR 2. NEGAR YADAV S/O DULLI YADAV, R/O VILLAGE- RAMNAGAR, P.S.- PHULPARAS, DISTRICT: MADHUBANI 3. SHIV YADAV @ SHIV KUMAR S/O BHAGWAT YADAV 4. MANOJ YADAV S/O SHIV YADAV @ SHIV KUMAR YADAV, BOTH 3 AND 4 R/O VILLAGE- JHITAKI BANGAME, P.S. LAUKAHI, DISTRICT- MADHUBANI …………………… Opposite Parties. ----------- 2. 06.12.2010 Heard the parties. The petitioner is aggrieved by the order dated 16.2.2010 passed in S.T. No. 551/2008, passed by A.D.J., II F.T.C. Ist, Madhubani, by which he has refused to summon the additional accused under Section 319 Cr.P.C. Perused the order impugned, it does not seem justified that the matter under Section 319 Cr.P.C. should have been kept pending for examination of the rest of the witnesses since if there was material against additional accused, positive order should have been passed by him. In view of such, the order dated 16.2.2010 is set aside and the matter is remanded to the A.D.J., II F.T.C. Ist, Madhubani for passing afresh order in this case. With these observations the application is disposed off. Let this order be communicated through FAX at the cost of the petitioner. Fahad. ( Anjana Prakash, J. )