IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.39003 OF 2008 ANAND BIHARI SAH, SON OF LATE SUKHDEO SAH, RESIDENT OF VILLAGE RAMPUR SIGHARA, POLICE STATION MAHUA, DISTRICT VAISHALI VERSUS THE STATE OF BIHAR ******** 2 25/07/2011 Nobody appears on behalf of the petitioner. This application has been filed against the order dated 16.08.2008 by which a prayer has been made to recall PW 8. The Court below has held that the Court kept waiting for 1 and 1/2 years to allow the defence to cross-examine PW 8, however, nobody turned up. It is also stated by the Court below that the application has been filed at an inappropriate stage. In view of the aforesaid observations of the Court below, the Court below may consider, if possible, to recall PW 8 at the cost of the defence, if any such application is filed within a period of one month from today, subject to the fact that the trial has not commenced in this case. This application is disposed of with the aforesaid observations. Anand ( Sheema Ali Khan, J.)