IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26834 of 2010 Kaushal Singh Versus State Of Bihar ----------- 2/ 17/10/2011 Heard learned counsel for the petitioner as well as learned APP for the State. Petitioner who happens to be an accused of Sessions Trial No. 59 of 2009 prayed for examination of Hargovind Das, S.I. in spite of the fact that he had failed to avail the opportunity for getting summon issued against the aforesaid witness at the stage so prescribed under Section 233 of the Cr.P.C. as court witness. The reason has well been assigned by the learned lower court while refusing the prayer and I do concede with the aforesaid findings. The petition is accordingly rejected. perwez (Aditya Kumar Trivedi,J.)