IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36183 of 2008 Rameshwar Sah, Son of late Hira Sah, Resident of Village Singhari, PS Bagaha, District West Champaran ---- Petitioner Versus 1. The State Of Bihar. 2. Manib Mahato Kushwaha, Son of Ramagya Mahato Kushwaha. 3. Ashok Mahato, Son of Manib Mahato. Both resident of village Singari, PS Bagaha, District West Champaran --- Opposite Parties ----------- 2 14.7.2011 Learned counsel for the petitioner submits that the Court below has wrongly discharged the accused persons for the offences under Section 307 of the Indian Penal Code. The injury report indicates that there was a depression in skull and X-ray was advised. The victim remained in hospital from the date of occurrence i.e. 4.2.2005 till 15.2.2005 i.e. for a bout 11 days. The injury has been described as grievous in nature. In the circumstances aforesaid, I quash the order dated 13.5.2008 and remand the matter back to the Court of the Fast Track Court No. III, Bettiah, West Champaran in Session Trial No. 524 of 2006 to reconsider the matter of framing of charge. This order is subject to the fact that the trial has not commenced in this case. In case the trial has commenced the Court will continue with the trial and if during the trial, the Court comes to the conclusion that a case is made out under more grievous offence, it would be open for the Court to send the matter for trial to the Sessions Court. This application is disposed of with the aforesaid observations. Sanjay ( Sheema Ali Khan, J.)