IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.9301 OF 2008 1. PRAJAPATI YADAV, SON OF BHIKHARI YADAV 2. SUNIL YADAV, SON OF PRAJAPATI YADAV 3. PANKAJ YADAV @ PANKAJ KUMAR, SON OF BASUDEO YADAV 4. BINOD YADAV, SON OF BHIKHARI YADAV 5. ANIL YADAV, SON OF BALE YADAV 6. RAMDHANI YADAV, SON OF ANO YADAV ALL RESIDENT OF VILLAGE KAMALGARH, POLICE STATION CHEWARA, DISTRICT SHEIKHPURA ………………………………………………………………………….PETITIONERS VERSUS 1. THE STATE OF BIHAR 2. RAMBRIKSHA PRASAD, SON OF LATE MAHAVIR PRASAD, RESIDENT OF VILLAGE KAMALGARH, POLICE STATION CHEWARA, DISTRICT SHEIKHPURA .......................................................................................OPPOSITE PARTIES ********* 2 11/03/2010 This application has been filed against the order dated 22.01.2008 passed in Sessions Trial No. 750 of 2007 by the Additional Sessions Judge, Fast Track Court No. V, Sheikhpura. Counsel for the petitioners argues that the injuries are simple in nature and, therefore, the petitioners should be discharged for the offences under Section 307 of the Indian Penal Code. On perusal of the application and the order of the Court below, I find that there is no illegality in the impugned order. The question whether a case is made out under Section 307 of the Indian Penal Code would depend on the facts and the evidence that comes during the trial regarding the manner of the occurrence, the 2 intention of the accused and the nature of the injuries inflicted. This application is accordingly dismissed. Anand ( Sheema Ali Khan, J.)