IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40497 of 2009 1. KISHLAI KUMAR ROY, SON OF LATE YOGENDRA ROY, RESIDENT OF VILLAGE GORAI, P.S. CHAK MAHESI, DISTRICT SAMASTIPUR. 2. DEVENDRA KUMAR, SON OF SRI RAMASHISH MAHTO, RESIDENT OF VILLAGE SONMAHA, P.S. CHAK MAHESI, DISTRICT SAMASTIPUR. 3. LALI ROY, SON OF SRI RAMASHISH ROY, RESIDENT OF VILLAGE HARPUR, P.S. PUSA, DISTRICT SAMASTIPUR. 4. ANJANI KUMAR ROY, SON OF LATE YOGENDRA ROY, RESIDENT OF VILLAGE GORAI, P.S. CHAK MAHESI, DISTRICT SAMASTIPUR.--------- PETITIONERS Versus 1. STATE OF BIHAR --------- OPPOSITE PARTY ----------- 2 16.2.2010 The petitioners have challenged the order dated 11.9.2009, passed by the Sessions Judge, Samastipur in Sessions Trial No. 807/2008, arising out of Tajpur (Pusa) PS Case No. 285 of 2004 by which the learned Sessions Judge has rejected the petition filed by the petitioners on 11.9.2009 to discharge them, under Section 227 of the Code of Criminal Procedure. Learned counsel for the petitioners submits that the injuries are not of such a nature which can lead to the conclusion that an offence under Section 307 of the Indian Penal Code is made out against the accused petitioners. As per the First Information Report it appears that the petitioners were badly assaulted and an attempt was made to hit one of the petitioners with an iron rod which he warded of with his hands. In a case under Section 307 of the Indian Penal Code the question whether there was an attempt to kill the injured can only be considered after evidence is left in Court. The Court during trial finds that there is insufficient evidence to make out a case under Section 307 of the Indian Penal Code. It 2 would be open for the Court to pass an appropriate order for a lesser offence. This application is dismissed with the aforesaid observations. Sanjay (Sheema Ali Khan, J.)