IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39563 of 2009 RAJ KUMAR @ RAJ KUMAR SINGH, S/O Chandradev Prasad, resident of Village- Pendapur, P.S. Gurua, District-Gaya...Petitioner. Versus 1. The State of Bihar. 2. Ram Pyare Kumar, S/O Brahmdev Mahto, resident of Village- Pendapur, P.S. Gurua, District-Gaya.....................Opposite Parties. ----------- For the petitioner: Mr. Ashok Kumar, Advocate. For the State : Mrs. Indu Bala Pandey, A.P.P. ---------- 2. 18.01.2010. Heard learned counsel for the petitioner and counsel appearing on behalf of the State. The petitioner is aggrieved by the order dated 16.09.2009 by which the court below has refused to discharge the petitioner for the offence under Sections 323, 341 and 307/34 of the Indian Penal Code. It has been argued on behalf of the counsel for the petitioner that the allegation is that the injury was caused by hard and blunt substance which is simple in nature. Leaned counsel for the State refers to the First Information Report wherein it has been stated that the petitioner had assaulted the informant, his mother, father and others. The question whether a case would be made out under Section 307 of the Indian Penal Code against the petitioner is a question of fact and can only be considered after evidence is led in the case. In the result, I find no illegality in the order dated 2 16.09.2009 passed in Sessions Trial No. 167 of 2008 by the Additional Sessions Judge, F.T.C.V, Gaya. This application is dismissed. U.K. (Sheema Ali Khan,J)