IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.40278 OF 2009 1. RAMDAS SAH, SON OF LATE NEMI SAH 2. LAXMAN SAH, SON OF RAMDAS SAH BOTH ARE RESIDENT OF VILLAGE BASWARIYA, P.S. MOTIHARI MUFASSIL, DISTRICT EAST CHAMPARAN 3. SANTOSH KUMAR SAH, SON OF PALTAN SAH, RESIDENT OF VILLAGE SISAHANI BAZAR, P.S. PAKARI DAYAL, DISTRICT EAST CHAMPARAN 4. TARKESHWAR SAH, SON OF MADAN SAH, RESIDENT OF VILLAGE KOLHARAWA CHOWK, P.S. BANJARIYA, DISTRICT EAST CHAMPARAN ………………………………………………………………………..PETITIONERS VERSUS THE STATE OF BIHAR ******* 2 15/02/2010 Heard learned Counsel for the petitioner and the A.P.P. appearing on behalf of the State. This application has been filed against the orders dated 19.06.2009 and 21.08.2009 by which the Court below has refused to discharge the petitioner for offences under Section 326 of the Indian Penal Code. Learned Counsel for the petitioner submits that the nature of the injury indicates that the offences are one under Section 325 of the Indian Penal Code and not under Section 326 of the Indian Penal Code. This aspect of the matter can only be decided in a full fledge trial and it goes without saying that if the Court finds that no offence is made out under Section 326 of the Indian Penal Code although charges were framed under Section 326 of the Indian Penal Code, the Court would have the liberty to pass an order under an 2 appropriate section or for that matter, if no evidence comes against the petitioner, to pass the order of acquittal. This application is disposed of with the aforesaid observations and directions. Anand ( Sheema Ali Khan, J.)