IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39246 of 2006 SHAMBHU PRASAD SHRIVASTAVA & ORS Versus STATE OF BIHAR & ANR ----------- 8. 19.03.2009 Heard leaned Counsel for the petitioners and the learned Counsel for the State. The petitioner is aggrieved by the order dated 26.2.2004 in Sessions Trial No. 112/2001 pending before the lst Assistant Sessions Judge, Saharsa refusing to discharge the petitioners for the offence under Section 307 of the Penal Code by order dated 16.2.2006 as affirmed in Cr. Revision No. 183 of 2004 by order dated 26.2.2004. The petitioners before the court below took an objection that Section 307 of the Penal Code had no application in the nature of the assault and therefore the case was triable by a Magistrate. This virtually amounts to an acknowledgement by them that the allegations prima facie constitute materials fit to go to trial. The court below on discussion of the allegations and the materials, the nature of offensive materials carried out by the petitioners has arrived at the conclusion that the allegations were sufficient to constitute a prima facie triable offence under Section 307 of the Penal Code. The Court below has rightly held that at this stage it was not concerned whether it was sufficient for conviction or not. This Court therefore finds no infirmity in the impugned order warranting interference. This application is rejected. Snkumar/- (Navin Sinha,J.)