IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24042 of 2011 Sri Nivas Singh & Ors. Versus The State Of Bihar & Anr. ----------- 2/ 28thSeptember 2011 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. It has been submitted on behalf of the petitioners that the learned lower court failed to appreciate the allegation whatever been alleged against him by the informant through FIR wherein by subsequent addition, the allegation of firing which also shown to be missed its aim has been alleged. With regard to assault by knife, it has been submitted that informant had sustained superficial injury. The State opposed and submitted that for the purpose of framing of charge meticulous examination is not at all warranted. After going through the order impugned it is evident that the learned lower court had not dealt with the injury report whether it justifies the application of 307 of the IPC as well as having addition of firing in the FIR which is itself evident on bare perusal. As such, after 2 setting aside the order impugned the matter is remitted back to the learned lower court for reappraisal whether the materials on the record justify framing of charge under Section 307 or application of Section 228 (a) of the Cr.P.C. With the aforesaid observation, the petition is disposed of. perwez (Aditya Kumar Trivedi, J.)