IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40553 of 2008 1) Lalchandra Bind, son of Tara Bind @ Dhodha Bind, 2) Lakhedu Bind @ Lakhedu Prasad, son of Lalchandra Bind, 3) Bedami Bind @ Badami Prasad, son of Lalchandra Bind, 4) Shri Kand Bind, son of Ram Surat Singh, 5) Sarfu Shah @ Sarfuddin Sah, son of Ajmeri Shah, 6) Nasim Shah, son of Ajmeri Sah, 7) Arman Shah, son of Sabir Shah, 8) Ajmeri Shah, son of Late Rajbali Shah, 9) Garib Bind, son of Late Dukhharan Bind, 10) Salim Shah, son of Mahauyar Shah, 11) Rashad @ Riyasat Shah, son of Late Sultan Shah, 12) Surendra Bind, son of Malik Bind, 13) Nijamu Shah, son of Sabir Shah, 14) Kallu Shah, son of Usman Shah, 15) Mohmad Akhatar Shah, son of Sukurana Shah, 16) Shahabudin Shah, son of Ajmeri Shah, 17) Ram Surat Singh Kushwaha, son of Sudhu Kushwaha, all of village Kewa, Ps Chainpur, Dist. Kaimur at Bhabhua – Petitioners. Vs. The State of Bihar. 2 26.7.2011 HeardMr. Vivekanand Singh, counsel for the petitioners and the A.P.P. for the State. This application has been filed for quashing the order, dated 7.7.2008 passed in Chainpur PS Case No. 70/2007 by the C.J.M, Bhabhua by which cognizance has been taken under section 307 of the Penal Code. Learned counsel for the petitioners submits that in this case the I.O. submitted charge sheet under sections 147, 148, 149, 323, 504 and 506 of the Penal Code. The court while taking cognizance has come to a conclusion that the petitioners were armed with weapons and had attacked the informant. Learned counsel for the petitioners submits that the 2 petitioners were armed with Lathies and there is no evidence to show in the case diary that there was any intention to ill, that the blows inflicted were not repeated and that the injuries are superficial and simple in nature. It is said that these facts taken together would lead to the conclusion that no case is made out under section 307 of the Penal Code. This aspect of the matter should be examined at the stage of framing of charge when the court will be in a position to find out whether the ingredients of section 307 of the Penal Code has been fulfilled in order to frame charges. This application is disposed of with the aforesaid observations. haque ( Sheema Ali Khan, J.)