IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35138 of 2008 1. Kodai Rai, Son of Late Shobhi Rai 2. Santosh Rai, Son of Kodai Rai 3. Bhola Rai, Son of Kodai Rai All residents of village Chotahi, PS Riga, District Sitamarhi --- Petitioners Versus The State Of Bihar …..Opposite Party. ----------- 2 12.7.2011 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State. The petitioners are aggrieved by the fact that the Court below has not cancelled the bail application of the accused in this case. The facts are that the case was earlier instituted under Sections 143, 448, 504, 323, 325, 379/34 of the Indian Penal Code. The accused were granted bail in this case. Thereafter it appears that cognizance was taken under Section 307 of the Indian Penal Code on the ground that Section 307 of the Indian Penal Code has been attracted in the case. It was prayed that the bail of the accused ought to be cancelled. At the same time, the Court also rejected the application under Section 228 of the Code of Criminal Procedure filed for discharge of the petitioners under Section 307 of the Indian Penal Code. The Court has given reasons for rejecting the discharge application under Section 307 of the Indian Penal Code by stating that the doctor had found that the injury was on the vital part of the body i.e. the head and could lead to further complications. The fact whether a case is made out under Section 307 of the Indian Penal Code would be considered by the Court after taking into consideration the evidence, the manner of occurrence etc. at the 2 stage of trial of the case. This Court sees no reason to intervene in the order impugned. This application is thus, dismissed. Sanjay (Sheema Ali Khan, J.)