IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44520 of 2008 Arun Prasad Bhushan, son of Late Kamla Prasad, village Raun, PS Alawali, Dist. Khagaria – Petitioner. Versus State Of Bihar ----------- 2 29.7.2011 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. The petitioner has challenged the order of discharge, dated 11.9.2008 passed in S.T. No. 463/2008 by the Additional District and Sessions Judge, FTC V, Khagaria on the ground that no offence is made out under section307 of the Penal Code. The question as to whether section 307 of the Penal Code would be applicable in the facts of the case will depend on the evidence that comes, the manner of occurrence, the nature of injuries and the weapons used. All these aspects of the matter can well be examined by the court after the evidence is led in the case. This application is disposed of with the aforesaid observation. haque ( Sheema Ali Khan, J.)