IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellanious No.35807 of 2008 ============================================= Sheosagar Ray son of Chandar Ray r/o Jurawanpur a/P Saidabad P.S. Raghopur, Distt. Vaishali. .... .... Petitioner Versus The Sate Of Bihar .... .... Opposite Party 2 14-07-2011 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State. This application has been filed challenging the order dated 16.05.2008 passed in Sessions Trial No. 146 of 2006 by which the Court has rejected the application under Section 311 for recalling P.W.3 for re-examination. P.W.3 was examined and cross-examined by the defence and thereafter an application has been filed that he may be recalled as he has to be questioned about certain vital facts. It is well settled that the witnesses cannot be recalled for the purposes of filling in the lacuna in the case of either the prosecution or the defence and as such I do not find any illegality in the order impugned. This application is dismissed. Md. Ibrarul/- ( Sheema Ali Khan, J)