IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24322 of 2009 1. RAM BILAS PRASAD, SON OF LATE PATI SINGH 2. RAJENDRA PRASAD, SON OF LATE RAMESHWAR SINGH 3. SURENDRA PRASAD, SON OF LATE RAMESHWAR PRASAD 4. AJAY KUMAR, SON OF SRI RAM BILAS PRASAD 5. SHAILENDRA KUMAR, SON OF LATE RAMESHWAR SINGH 6. RAMASHISH YADAV, SON OF TARKESHWAR YADAV ALL RESIDENTS OF VILLAGE CHAK DAULAT, P.S. ISLAMPUR IN THE DISTRICT OF NALANDA. ------ PETITIONERS. Versus 1. THE STATE OF BIHAR 2. BIJAY KUMAR, SON OFLATE LAKSHMAN SINGH, RESIDENT OF VILLAGE CHAK DAULAT, P.S. ISLAMPUR IN THE DISTRICT OF NALANDA. -------OPPOSITE PARTIES. ----------- 2. 06.10.2010 Heard learned counsel for the petitioners, learned counsel for the Informant and the State. The petitioners have sought quashing of the order dated 30.4.2009 passed by 2nd Additional Sessions Judge, Hilsa, Nalanda, by which the prayer of the Informant for summoning the petitioners under Section 319 Cr. P.C. has been allowed. It has been submitted that the petitioners are not named in the First Information Report nor was charge sheet submitted against them. However, during trial four witnesses stated the complicity of the petitioners upon which the petitioners were summoned as additional accused. On specific query by this Court as to whether the witnesses have named the petitioners earlier in the statements recorded under Section 161 Cr. P.C. the reply is to be affirmative that two witnesses had named the petitioners. 2 In view of such, the application is dismissed. S.Ali ( Anjana Prakash, J. )