KRISHNA KUMAR @ KRISHNA PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned Additional P.P. for the State.

(2.) Petitioner is aggrieved by an order dated 07.07.2010 passed by Additional Sessions Judge-IX, Saran at Ch'apra relating to Sessions Trial No.30/2010 whereby and whereunder petitioner, Krishan Kumar @ Krishna Prasad has been summoned to face trial invoking the power vested through Section 319 of the Cr.P.C.

(3.) It has been contended on behalf of the petitioner that he happens to be separate in mess and business with other co-accused and was residing away at Bokaro since before the date of occurrence as a result of which on the alleged date and time of occurrence his presence could not be expected. Also submitted that save and except interested witnesses so examined in this case, the other independent witnesses have not named the petitioner. Further submitted that from cross- examination of the independent witnesses the place of residence of petitioner at Bokaro and having been separate in mess and business with other is fully corroborated. So, on the factual position summoning of petitioner is not at all justified.