IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40564 of 2009 SHAMBHU KUMAR THAKUR, SON OF SRI JAGDISH THAKUR, RESIDENT OF VILLAGE SELAMPUR, P.S. PIRPAINTY, DISTRICT BHAGALPUR. ----- PETITIONER Versus 1. THE STATE OF BIHAR. 2. KANHAI YADAV, SON OF PARSURAM YADAV 3. MANI YADAV, SON OF PARSURAM YADAV BOTH RESIDENT OF VILLAGE SELAMPUR, P.S. PIRPAINTY, DISTRICT BHAGALPUR. ---- OPPOSITE PARTIES ----------- 2 22.2.2010 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. The petitioner is aggrieved by the order dated 13.8.2009, passed by the Additional Sessions-Judge, Fast Track Court No. I, Bhagalpur in Sessions Trial No. 1193 of 2007 (arising out of Pirpainty P.S. Case No. 219 of 1998) by which the Court has rejected the application under Section 319 of the Code of Criminal Procedure to summon Kanhai Yadav and Mani Yadav to face trial. Learned counsel for the petitioner submits that the four witnesses were examined who have said that these two persons have also participated in the occurrence. It is further submitted that in the cross-examination, it has been stated that these two persons have specifically stated that the Investigating Officer had not recorded the name of these two persons. The Court below has rejected the application on the ground that the Kanhai Yadav and Mani Yadav are not mentioned in the First Information Report nor have they been mentioned in the statement under Section 161 of the Code of Criminal Procedure. In the circumstances, when the persons sought to be brought to face trial, are not named in the investigation and in the First 2 Information Report, there is very little chance of conviction of such proposed accused persons. Moreover, the First Information Report was instituted in the year 1998 and at no stage did the informant filed a protest stating that these two persons have been deliberately left out by the Investigating Officer although they had participated in the occurrence. If such an application had been filed then there would have been some justification for calling Kanhai Yadav and Mani Yadav to face trial. I do not see any illegality in the order of the Additional Sessions-Judge, Fast Track Court No. I, Bhagalpur in Sessions Trial No. 1193 of 2007 (arising out of Pirpainty P.S. Case No. 219 of 1998). This application is thus dismissed. Sanjay (Sheema Ali Khan, J.)