IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13696 of 2007 MOSAHEB MAHTO & ORS Versus STATE OF BIHAR & ANR ----------- 5. 10.9.2008. Heard the learned counsel for the petitioners as also the learned A.P.P. for the State. The grievance of the petitioners is against the order dated 22.1.2007 passed in Sessions Trial No.697 of 2006 arising out of Dariapur P.S. Case No.60 of 2005, whereby the learned Presiding Officer, Fast Track Court No.I, Saran at Chapra, has been pleased to reject the prayer of the petitioner made under Section 228 Cr.P.C. for discharging him of the offence under Section 307 I.P.C. A perusal of the impugned order shows that the concerned court has only given a detail of the prosecution story without citing or referring to the injuries sustained by the informant or any other persons at the occurrence as also the reasons which led the court to believe that an offence under Section 307 I.P.C. had been made out. From the injury report of Harendra Giri, it appears that he sustained five injuries, all of which were simple in nature and caused by hard blunt substance. The impugned order does not disclose whether any other person apart from Harendra Giri, had sustained injuries at the occurrence and, if so, whether the injuries were so grievous as to invite the prosecution under Section 307 I.P.C. Since the impugned order does not in the least disclose as to what prevailed on the learned Presiding Officer to form an opinion that offence under Section 307 I.P.C. had been made out save and - 2 - except that cognizance had been taken thereunder. The impugned order is hereby set aside and the matter is remitted back to the Presiding Officer, Fast Track Court No.I, Saran at Chapra, for reconsideration of the petition filed by the petitioners under Section 228 Cr.P.C. and pass order afresh in accordance with law. With the aforesaid observations, this application is disposed of. P.S. (Abhijit Sinha,J)