IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16140 of 2009 1. RAM KRISHNA TIWARY 2. SHRINIWAS TIWARY BOTH SONS OF ACHYUTANAND TIWARY 3. BISHUNPAT TIWARY, SON OF LATE AWADHESH TIWARY 4. ACHYUTANAND TIWARY, SON OF LATE JYOTISH TIWARY 5. MUNA TIWARY, SON OF LATE GUPUT NATH TIWARY ALL ARE RESIDENTS OF VILLAGE KUMHAWU, P.S. SHIVSAGAR, DISTRICT ROHTAS. ---- PETITIONERS Versus 1. THE STATE OF BIHAR 2. SHIV PRASAD TIWARY, SON OF LATE BASAWAN TIWARY, RESIDENT OF VILLAGE KUMHAWU, P.S. SHIVSAGAR, DISTRICT ROHTAS. ---- OPPOSITE PARTIES For the Petitioners :- Mr. Shashi Shekhar Dwedi, Sr. Adv. For the opposite parties :- Mr. Sudama Singh, Advocate Mr. Rajni Kant Singh, Advocate For the State :- Mr. Jharkhandi Upadhyay, A.P.P. ----------- 3 5.1.2010 Heard learned counsel for the petitioners, counsel for he opposite parties and the counsel appearing on behalf of the State. This application has been filed against the order dated 24.10.2008 passed by the 2nd Assistant Sessions Judge, Sasaram in Sessions Trial No. 321 of 2007 by which the Court has refused to discharge the petitioners for offence under Section 307 of the Indian Penal Code. Learned counsel for the petitioners submits that the facts would reveal that there was no intention on the part of the accused persons to cause the death of the opposite party no. 2. The question whether a case is made out under Section 307 of the Indian Penal Code is to be judged after the evidence is taken oral and medical. At this stage, the Court has to see whether a case is made out against the petitioners. I find no illegality in the order impugned. This quashing application is thus dismissed. Sanjay (Sheema Ali Khan, J.)