IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.27759 of 2008 1. RAUSHAN RAI son of Suresh Rai, 2. Brajesh Rai son of Kapileshwar Rai, & 3. Suresh Rai son of Ramdhan Rai All are resident of village- Nathudwar, Police Station-Khanpur, District- Samastipur …Petitioners Versus 1. THE STATE OF BIHAR & 2. Niranjan Rai, son of Shyam Prasad Rai, resident of village- Nathudwar, Police Station-Khanpur, District-Samastipur …Opposite Parties ----------- 2/ 19.05.2011 Heard the parties. The petitioner has sought quashing of the order dated 03.06.2008 passed by the 2nd Additional Sessions Judge, Samastipur, in Sessions Trial No.149 of 2007, by which he has rejected the application filed under section 228 Cr. P.C. It has been contended that some injuries had been found on the person of the injured, but not on the vital part and also in the facts of the case no offence under section 307 Indian Penal Code would be made out. In my opinion, no prejudice would be caused to the petitioner even if charge under section 307 Indian Penal Code is framed and also that even later charge can be amended by the Trial Court if there is evidence warranting to do so. The application is dismissed. JA/- ( Anjana Prakash,J.)