IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38308 of 2007 1. HIRAMAN CHAUDHARY 2. Mahanth Chaudhary @ Mahesh Chaudhary 3. Birendra Chaudhary, All three sons of Ram Jatan Chaudhary 4. Rajendra Chaudhary, S/o Ram Jatna Chaudhary 5. Anil Chaudhary, S/o Mahanth Chaudhary All five r/o villae Sawreji, P.S. Mirganj, District Gopalganj. ….. Petitioners Versus STATE OF BIHAR ……….. Opp. Parties ----------- 2 10.12.2008 Heard Mr. Raghav Prasad, learned counsel for the petitioners and Sri Jharkhandi Upadhaya, the learned A.P.P. for the State. The grievance of the petitioners is against the order dated 26.7.2007 passed by the learned 1st Additional Sessions Judge, Gopalganj, in Sessions Trial No. 8 of 2007, whereby he has summoned under section 319 Cr.P.C., the five petitioners to face trial along with two other already been tried. It has been submitted by the learned counsel for the petitioners that although these 5 petitioners were named in the F.I.R. but they were not sent up or trial by the police and it was only after three witnesses on behalf of the prosecution had been examined that the names of these petitioners as also having participated in the gruesome crime has come to light and accordingly they have been summoned. I find no apparent illegality or irregularity in the impugned order. Accordingly this application is dismissed. spd/- (Abhijit Sinha, J.)