IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13672 of 2010 RAJ KUMAR SAH SON OF BAIJNATH SAH, RESIDENT OF VILLAGE- SRI RAMPUR, POLICE STATION- GAUNHA, DISTRICT- WEST CHAMPARAN. PETITIONER VERSUS 1. THE STATE OF BIHAR 2.RAMJEE CHAURAS------ 3. HARI NARAYAN 4.NAND KISHORE CHAURASIA 5. SHUBH NARAYAN CHAURASIA 6. BHIM SAHNI, SON OF SHEODHAR SAHNI. 7. BHUWALI MATHO, SON OF YADO LAL MAHTO RESIDENT OF VILLAGE SRI RAMPUR, POLICE STATION ,GAUNAHA, DISTRICT- WEST CHAMPARAN.............. RESPONDENT 2 . 13.12.2010 Heard the parties. The petitioner seeks quashing of the order dated 13.1.2010 passed in Sessions Trial No. 462/2001/120/02 passed by Second Additional Sessions Judge, west Champaran, Bettiah by which he has refused to issue summons to Doma Chaurasia alias Asarfi Rai under Section 319 of the Cr. P.C. The petitioner submits that P.W.2 and P.W.3 have named the said Doma Chaurasia as one of the persons who assaulted him. On a qyery as to whether these witnesses have named the said person, in the statement recorded under Section 161 Cr.P.C. it has fairly been submitted that these witnesses have not named the Doma Chaurasia alias Asarfi Rai. It is therefore evidently an improvement in the prosecution case amounting to a contradiction 2 and therefore there is no chance of his conviction. In view of such finding no merit in this application this application is dismissed. Namita ( Anjana Prakash, J.)