IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.9484 of 2008 YOGI @ JOGI SINGH, Son of Late Sukho Singh, resident of Walipur, Police Station Lakhisari (Piparia), (the then Munger District), District – Lakhisarai. ………………………. Petitioner. Versus 1. THE STATE OF BIHAR. 2. Shanker Singh Walipur, resident of Walipur, Police Station – Lakhisarai (Piparia), (the then Munger District), District – Lakhisarai. …………… Opp. Parties. ----------- 03/ 30.04.2010 This petition is directed against the order dated 16.02.2008 passed in Sessions Case No. 753 of 1988 by which the petition to recall P.W. 4 as some question was required to be asked in cross-examination which could be asked was rejected. However the State objected that the case is 20 years old and P.W. 4 has already been examined on 14th June, 2007 and petition was rejected by the impugned order itself. It appears that in the impugned order itself it has been mentioned that the A.P.P had submitted that P.W. 4 was already examined at length. It was also submitted that no other witness was left to be examined and the case was fixed on 27.02.2008 for the statement. However, the petition dated 24.01.2008 was rejected for recalling the P.W. 4. Learned counsel for the petitioner, however, 2 contended that the petitioner may be given opportunity to recall P.W. 4. Learned counsel for the opposite party opposes the prayer and submits that in the petition for recalling the witnesses there is no mention what question the petitioner shall be asking to P.W. 4 and only a statement to that fact has been made in vague terms and hence having regard to the facts and circumstances of the case the order impugned is not required to be interfered with. However, if the petitioner files an application before the court below stating specifically about the question to be asked from the witness and if the court below considers that question required to be asked then he may allow the petition in the interest of justice. However, I am not inclined to interfere with the impugned order as neither any question to be asked intentional, petition is vague. With the aforesaid observation, this application is disposed of. Kundan (Gopal Prasad, J.)