IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38015 of 2008 1. Jitendra Singh son of Indrajeet Singh. 2. Manoj Singh son of Indrajeet Singh. 3. Amod Singh sonof Sheoshankar Singh. 4. Lakshmi Singh son of Late Surendra Singh. 5. Bablu Singh son of Birendra Singh 6. Bablu Singh son of Birendra Singh 7. Chandrabhan Singh son of Birendra Singh 8. Abhay Singh son of Sheoshankar Singh 9. Indrajeet Singh son of Raj Narayan Rai. All resident of village- Jalalpur, P.S. Kuchaikote, District- Gopalganj. … Petitioners Versus 1. The State Of Bihar. 2. Ashok Kumar Singh son of Harishankar Singh, resident of Village- Jalalpur, P.S. Kuchaikote, District- Gopalganj. ----------- 02 19.07.2011 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State. The petitioners are aggrieved by the order dated 07.08.2008 refusing to discharge the petitioners under Section 228 of the Cr. P.C. for the offences under Sections147, 148, 149, 341, 323, 324, 307, 379 of the Indian Penal Code and 27 of the Arms Act. Learned counsel for the petitioners submits that the injuries are simple in nature and as such no offence can be made out under Section 307 of the Indian Penal Code. The question as to whether an offence has been made out under Section 307 of the Indian Penal Code would depend upon the evidence led in Court, the manner in which the occurrence had taken place, and the injury. If the Court comes to the conclusion that there is no intention to kill after the evidence is led in this case, the Court will always have power to award 2 punishment in accordance with the gravity of the offence. I am not inclined to interfere with the order impugned at the present stage. This application is dismissed. Md. Ibrarul ( Sheema Ali Khan,J.)