IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33335 of 2008 Madan Prasad Singh, Son of late Ramadhar Singh, Resident of Village Kokilwara, PS Amerai, District Muzaffarpur --- Petitioner Versus 1. The State Of Bihar. 2. Jouhar Ali, Son of Najibul Haque. 3. Md. Shafi Alam, Son of Ainul. 4. Md. Makki, Son of Najibul. 5. Abdul Bariki, Son o Md. Gaffar. 6. Md. Azam, Son of Jahangir. 7. Ful Babu, Son of Quim. 8. Md. Gazni, Son of Md. Shamshad. 9. Md. Jafir, Son of Taslim. All are residents of village Kokilwara, PS Amerai, District Muzaffarpur --- Opposite Parties ----------- 2 1.7.2011 This application has been filed for summoning six other accused persons along with the two accused persons who are facing Sessions Trial No. 708 of 2004. It has been argued on behalf of the petitioner that in the First Information Report and during investigation the name of eight persons had figured as being involved in the occurrence. The police submitted charge sheet against two of he accused persons whereas the investigation is pending against six others. Learned counsel for the petitioner submits that these six persons should also be called to face trial. The Court below while considering all aspects has submitted that till today charge sheet has not been submitted and investigation has remained pending against them. It has also been submitted that the two accused persons have stated that the trial is almost at its last leg and if the application of the informant is allowed then the trial would begin de novo which would prejudice the present two accused persons and they would be harassed by delay in the trial. 2 In case the charge sheet is submitted against the other two co- accused persons then naturally the Court would take steps to summon them and put them up trial. I do not see any illegality in the reasoning of the Court below in the order dated 9.7.2008, as such this application is dismissed. Sanjay ( Sheema Ali Khan, J.)