IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35199 of 2008 1. Surendra Prasad, Son of late Rameshwar Prasad. 2. Raju Upadhyay, Son of Sri Madan Upadhyay. 3. Mani Bhushan Upadhyay, Son of Madan Upadhyay 4. Babloo Kumar, Son of Surendra Prasad 5. Ranjan Kumar, Son of Surendra Prasad 6. Sonu Kumar, Son of Surendra Prasad 7. Abhishekh Kumar, Son of Chitranjan Prasad 8. Sumit Kumar, Son of Munna Prasad All resident of village Chantamanpur, Bazar Tola, PS Pipra, District East Champaran at Motihari ----- Petitioners Versus 1. The State Of Bihar. 2. Nagendra Prasad, Son of late Ramlal Sah, Resident of Village Chantamanpur, Bazar Tola, PS Pipra, District East Champaran at Motihari ---- Opposite Parties ----------- 2 13.7.2011 This application has been filed against the order dated 17.6.2008, passed by the IInd Additional Sessions Judge, East Champaran at Motihari in Sessions Trial No. 223 of 2008 by which the Court has rejection the application of the petitioners for discharging them for offences under Section 302 of Indian Penal Code. It has been submitted on behalf of the petitioners that offences under Section 304 Part I are made out against the accused persons and, therefore, charges have been framed under Section 304 part I of the Indian Penal Code. The question as to which of the allegations will stick against the accused 2 persons will depend upon the evidence led during the trial, and as such, it would be proper for the Court to consider this aspect after evidence is led in this case. It is always open for the Court to frame charges for lesser offence, in case there is material to justify this aspect of the matter. This application is accordingly, dismissed. Sanjay ( Sheema Ali Khan, J.)