IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31735 of 2008 1. Lal Mohar Yadav, Son of late Sheo Prasad Yadav. 2. Tribhuwan Yadav, Son of late Sheo Prasad Yadav. 3. Ram Bhawan Yadav, Son of late Sheo Prasad Yadav All resident of village Parasia, P.S. Bramhpur (Chakki), District Buxar ----- Petitioners Versus 1. The State Of Bihar. 2. Sri Niwash Pandey, Son of Ram Nagina Pandey, Resident of village Parasia, P.S. Bramhpur (Chakki), District Buxar ---- Opposite Parties. ----------- 2 29.6.2011 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State. The petitioners’ application under Section 227 of the Code of Criminal Procedure has been rejected vide order dated 23.5.2008, passed in Sessions Trial No. 99 of 2008 by the Additional District & Sessions Judge, Fast Track Court No. I, Buxar. Learned counsel for the petitioners submits that there is a case and counter case. It is submitted that no offence is made out under Section 307 of the Indian Penal Code which would be apparent from the injury report. The injuries, according to the learned counsel for the petitioners are simple in nature and, therefore, it cannot be said that a case is made out under Section 307 of the Indian Penal Code. In the facts as stated aforesaid in the petition and the order sheet, it would be proper that the case and counter case should be heard side by side if there is no other order regarding this aspect of the matter. During the trial of the case, the Court will examine whether offence is made out under Section 307 of 2 the Indian Penal Code taking into account the injury, the manner of occurrence and the evidence that is recorded during the trial. This application is disposed of with the aforesaid observation. Sanjay ( Sheema Ali Khan, J.)