IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15721 of 2007 NIRAJ KUMAR SINGH @ NIRAJ SINGH Versus STATE OF BIHAR ----------- 5 16.9.2008 Heard learned counsel for the petitioner as also learned counsel for the State and the learned counsel for the informant who has appeared suo motu. The petitioner prays for quashing of the order dated 7.3.2007 passed by the learned Presiding Judge, Fast Track Court No. II, Bhojpur at Ara in Sessions Trial No. 352 of 2005 by which the Court has been pleased to reject the petition dated 17.11.2006 and 19.12.2006 for recording of evidence of those witnesses mentioned therein for their cross examination . It has been submitted that it was by inadvertence that P.Ws. 1 and 2 could not be cross examined and the learned court without discharging the two witnesses recorded the deposition of further witnesses. From perusal of the records it appears that no opportunity had been given to the defence to cross examine the P.Ws. 1 and 2 and their evidence had not been closed by a definite order and without discharging the witnesses the Court proceeded to record the evidence of other witnesses. In that view of the matter if an amount of Rs. 5,000/- is deposited in the coffers of the Bihar State Legal Services Authority, Budha Marg, Patna, within a period of two weeks from today, learned court below will grant leave to the petitioner herein to cross examine - 2 - P.Ws. 1 and 2 on a date fixed by the Court. With the aforesaid observation this application is disposed of. Let the records of the court below send down forthwith. Spd/- (Abhijit Sinha, J.)