IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.29516 OF 2008 1. SK.DIL MOHAMAD, SON OF LATE BIR MIAN 2. SK. ISHAHAK, SON OF LATE BIR MIAN 3. SK. ISRAJ, SON OF LATE BIR MIAN 4. BARHU KHAN @ BARHU MIAN, SON OF NIYAJUL MIAN 5. AJAM MIAN @ MD. AJAM MIAN, SON OF MUNSRIM MIAN 6. SOBRATI MIAN, SON OF SAMIM MIAN 7. PRADHAN MIAN, SON OF RAHMAN MIAN 8. PIR MOHMAD, SON OF LATE AMIN MIAN 9. MINTU MIAN, SON OF SURUL HODA 10. PHULE MIAN @ SK. PHULE MIAN, SON OF MUSTAKIM SEKH 11. SK. NASRULLAH, SON OF SK. ABUL 12. SK. SUDDIN, SON OF SK. YUNUSH ALL RESIDENT OF VILLAGE BHATAURA, POLICE STATION BAGAHA, DISTRICT WEST CHAMPARAN VERSUS THE STATE OF BIHAR **** 2 21/08/2009 Heard learned Counsel for the petitioners and the A.P.P. appearing on behalf of the State. The petitioners have challenge the order dated 07.07.2008 passed by the Additional Sessions Judge, in which he has refused to discharge the petitioners for the offences committed under Section 307 of the Indian Penal Code. Learned Counsel for the petitioners raised two points. He firstly argued that cognizance has been taken on the basis of protest petition without treating it as a complaint petition and as such the entire prosecution is vitiated. The second argument raised on behalf of the petitioners is that no offences 2 under Section 307 of the Indian Penal Code is made out as only one single blow was inflicted and was not repeated and as such there could not have been any intention to cause murder. These aspects of the matter can be argued and proved by the petitioners during the trial of the case. At this stage, this court is not inclined to interfere with the impugned order as such this application is dismissed. Anand ( Sheema Ali Khan, J. )