IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42264 of 2009 1. MAZHAR ALAM, SON OF LATE NOOR ALAM 2. NASIM ALAM, SON OF LATE MD. KAMIL BOTH RESIDENTS OF VILLAGE SANTPUR, P.S. NAUTAN, DISTRICT WEST CHAMPARAN, BETTIAH. 3. FIROZ ALMA @ MD. FIROZ, SON OF LATE SHEIKH KAHIR 4. SHAKIL AHMAD, SON OF SHEIKH RAHMAN 5. AZHAR ALAM, SON OF LATE NOOR ALAM 6. MD. ANIS, SON OF SHEIKH RAHMAN 7. MD. SHARIF, SON OF YASIN ALL RESIDENT OF VILLAGE SANTPUR, P.S. NAUTAN, DISTRICT WEST CHAMPARAN, BETTIAH. ---- PETITIONERS Versus 1. THE STATE OF BIHAR 2. MD. SHAMIM, SON OF SHEIKH MAINUDDIN, RESIDENT OF VILLAGE SANTPUR, P.S. NAUTAN, DISTRICT WEST CHAMPARAN, BETTIAH. ---- OPPOSITE PARTIES ----------- 2 16.4.2010 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State. This application has been filed against the order dated 7.11.2009, passed in Sessions Trial No. 398 of 2008 arising out of Nautan P.S. Case No. 197 of 2007 rejecting the application under Sections 227 and 228 of the Code of Criminal Procedure. Learned counsel for the petitioners submits that there is case and counter case and in fact some of the accused persons were not even sent up by the police and were exonerated from the charges against them in the First Information Report. The main contention on behalf of the petitioners is that the offences disclosed the manner in which the offences have been prescribed in the First Information Report do not constitute an offence under Section 307 of the Indian Penal Code. It is submitted that the injuries are simple in nature and it has come during investigation that the gun fired by mistake when the parties was snatching it from each other. 2 Be that as it may, the question as to whether an offence is made under Section 307 of the Indian Penal Code has to be seen after considering the evidence and considering the intention of the parties, the manner in which the occurrence took place, the injury inflicted and the weapon used during the occurrence. At this stage, it is difficult for the Court to hold that no offence is made out under Section 307 of the Indian Penal Code. This application is dismissed. Sanjay (Sheema Ali Khan, J.)