IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.308 of 2009 1. LAKHINDRA RAI @ LAKHINDRA PRASAD YADAV S/O- LATE RAM PRASAD RAI 2. NAGDEV RAI 3. LALDEV RAI 4. LAKSHMIAN RAI NOS. 2 TO 4 ARE SONS OF MEHILAL RAI AT CHHITARAULI, P.S.- MANIHARI, DIST. MUZAFFARPUR Versus 1. THE STATE OF BIHAR 2. RAM VILASH PRASAD YADAV, S/O- LATE RAMASHISH PD. YADAV, VILL- CHITRAULI, P.S.- MAHIHARI, DIST. MUZAFFARPUR. For the petitioners : Mr. S.S.P. Yadav, Advocate. For the State : Mr. Binod Kumar, APP ----------- 3 25.10.2010 Heard learned counsel for the petitioners and the state. Petitioners assail the order dated 25.9.2008 passed in Sessions Trial No. 529 of 2006 whereby their application filed under Sections 227 and 228 of the Code of Criminal Procedure has been considered and rejected. While assailing the order, it is contended that petitioner no. 1 is only an order giver. So far rest of the petitioners are concerned, the allegation is that they have assaulted the informant with hard and blunt substance which caused simple injury. It is the contention of the petitioners that going by the materials on record, there was no intervening circumstance that could have prevented them from killing the informant. It is also contended that the doctor found one sharp cut wound on the head and one injury on chest which, according to him, were simple in nature. It is thus the contention that going by the manner of assault read along with injuries, no case under Section 2 307 IPC is made out. At the stage of framing of charge, the Court has to prima facie satisfy itself about presence of sufficient material available on record. The appraisal of the submissions made on behalf of the petitioners shall be made at the relevant stage of the proceeding. It is settled law that even on grave suspicion, the accused can be put on trial. In view of the scope of the jurisdiction exercised by the Court, this Court is not inclined to interfere therewith. Petitioners shall raise/agitate all these submissions/grievances at the appropriate stage of the trial which shall be considered by the learned trial court uninfluenced by the present order. The application is accordingly disposed of. Since I have considered the case on merit, the question of limitation pales into insignificance. pkj ( Kishore K. Mandal, J. )