IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.479 of 2008 1. KHURSHID SHEKH S/o Jalaluddin Shekh, resident of Village- Gopalpur , P.S. Kanti , District-Muzaffarpur --------------- Petitioner Versus 1. THE STATE OF BIHAR 2. Md. Manjoor Alam S/O Md. Mojim resident of Village- Gopalpur , P.S. Kanti , District-Muzaffarpur ------------- Opp.Parties ----------- 3 18-11-2008 Heard the learned counsel for the petitioner as also the learned A.P.P. for the State and learned counsel for Opp.Party no.2. The grievance of the petitioner is that from the averments made in the fardbeyan and the materials available in the case diary, no offence under Section 307 I.P.C. can be said to have been made out against the petitioner since the allegation was of injury being caused by Farsa and the Doctor finding the injury, in his opinion, to have been caused by hard blunt substance. It has also been submitted that the petitioner though armed with fire arms did not resort to firing. Be that as it may, these are issues that can be thrashed out at the stage of Sections 227 and 228 Cr.P.C. which are to be read in juxtaposition with each other. At that stage the Court comes to a finding whether offence under Section 307 I.P.C is made out against the petitioner. With the aforesaid observation, this application is disposed of. ( Abhijit Sinha, J ) NKS/-