IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42280 of 2007 1. BAMDEO JHA @ BABLU JHA S/O- SRI MUKESH JHA, RESIDENT OF VILLAGE BALIYA, P.S.-BENIPATTI, DISTT.-MADHUBANI. 2. PRABHAT JHA @ BHAGYA NARAIN JHA, S/O-SRI MUKESH JHA, RESIDENT OF VILLAGE BALIYA, P.S.-BENIPATTI, DISTT.-MADHUBANI. …..Petitioners. Versus 1. THE STATE OF BIHAR 2. BAL GOVIND JHA, S/O-ASHARSHI JHA, RESIDENT OF VILLAGE-BALIA, P.S.- BENIPATTI, DISTT.-MADHUBANI. …..Opposite Parties. For the Petitioners : Mrs. Namrata Mishra (Adv). Mr. Ratnakar Jha (Adv). For the State : Mr. U.S.P. Singh (APP). For the Informant : Mr. Ashok Jha (Adv). ----------- 04/ 07.05.2010 Heard learned Counsel for the petitioners, learned Counsel for the State and learned Counsel for the informant. The petitioner is aggrieved from the order dated 04.07.2007 whereby the prayer of discharge of the petitioner filed under Section 227 of the Code of Criminal Procedure Code was refused. Grievance of the petitioners is that no overt act has been leveled against them. The court below has relied upon paragraph-12 of the case diary and has committed error of record saying that sons of Mukesh Jha have been mentioned in paragraph-12 of the case diary which is misinterpretation. So, the court has erred in rejecting the prayer for discharge of the petitioners. The case was registered under Section 2 323 and some other Sections of the Indian Penal Code and subsequently offence under Section 307 of the Indian Penal Code was added due to enough circumstances on 27.08.2004. In course of investigation, the injury report has come on the record and learned Counsel for the O.P. No. 2 has submitted that the injury was grievous and overt acts were attributed against the petitioners. Considering the facts and circumstances and materials available on record the court has rejected the prayer for discharge because the injury was grievous in nature and overt acts were attributed against the petitioners also. The court has not committed any error. Accordingly, this application is rejected. kksinha/ (Shyam Kishore Sharma, J.)