IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37756 of 2008 1. Ramdeo Paswan son of Late Banwari Paswan. 2. Ramji Paswan son of Ramdeo Paswan. Both are resident of village- Shamsher Nagar, Tola Pirhipar, Police Station- Daudnagar, District- Auranabd (Bihar). Versus The State Of Bihar ----------- 02 19.07.2011 This application has been filed for quashing the order dated 08.05.2008 passed by the Additional Sessions Judge, F.T.C.II, Aurangabad in Sessions Trial No. 306 of 2002/ 152 of 2005 by which he has rejected the application of the defense to recall the P.W.s 8 and 9. These witnesses were present in Court on 04.07.2007 but the defense did not cross-examine the witnesses. Although, they remained in Court premises at 3:30 P.M. An application has been filed for the defense to recall the aforesaid witnesses, after nine months the petition was pressed. It appears that the defense is trying to delay the entire trial. On behalf of the prosecution, it has been submitted that these witnesses cannot be produced in the Court below. I do not think, it is proper for the prosecution to raise this plea. In any event, the Additional Sessions Judge, F.T.C.II, Aurangabad is directed to issue summons and bailable warrant of arrest simultaneously to these witnesses to appear in Court. The cost of appearance of these two witnesses would be borne by the defense. It is made clear that if the witnesses do not appear within a reasonable time then the Court should proceed 2 with the case. This order will be subject to the fact that the trial has not concluded in the meantime. It goes without saying that if the trial has concluded, this order will have no meaning. This application is disposed off with the aforesaid observation. Md. Ibrarul ( Sheema Ali Khan,J.)