IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42650 of 2007 1. GOPAL RAI, S/O LATE BASGIT RAI. 2. SUCHIT RAI ALIAS SACHIDANAND RAI, S/O LATE RAMJEE RAI. 3. GUDDU RAI ALIAS OM PRAKASH RAI, S/O RAMASHISH RAI. 4. BODAN RAI ALIAS BARAN RAI, S/O GOPAL RAI. ALL RESIDENTS OF VILLAGE-TORANI, P.S. KARGHAR, DISTRICT-ROHTAS. ………………………………………………………PETITIONERS. Versus 1. THE STATE OF BIHAR. 2. SUKHU MUSAHAR, S/O JAGRUP MUSSHAR, RESIDENT OF VILLAGE-JOGIPUR, P.S. SIRHI, DISTRICT-ROHTAS. ………………………………………………OPPOSITE PARTIES. ----------- 2. 6.1.2009. Heard Sri Ravi Kumar, the learned counsel for the petitioners and Sri Jharkhandi Upadhyay, the learned A.P.P. for the State. The grievance of the petitioners is against the order dated 23.8.2007 passed by the learned 2nd Assistant Sessions Judge, Rohtas at Sasaram in Sessions Trial No.284 of 2005 whereunder the prayer of the petitioners for their discharge under Section 228(1)(a) Cr.P.C. for the offence under Section 307 I.P.C. was rejected. The submission advanced by the learned counsel for the petitioners is that the instant case is a counter blast to the earlier case filed by them being Kargahar P.S. Case No.149 of 2002 and in fact, the prosecution party had come onto the fileds of the petitioners and looted the crops. All these points can only be proved by leading evidence in support of the submissions advanced by them and the same does not - 2 - come within the ambit of Section 482 Cr.P.C. and it appears from the impugned order that the learned Assistant Sessions Judge found sufficient ground to proceed against the petitioners under Section 307 I.P.C. I find no merit in this application which is dismissed. P.S. (Abhijit Sinha,J)