IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29823 of 2008 1. BIJAY SAH @ JHIGUR SAH, SON OF LATE KAILASH SAH. 2. MALTI DEVI, WIFE OF BIJAY SAH 3. AARTI KUMAR. 4. KANCHAN KUMARI DAUGHTER OF BIJAY SAH. AT PRESENT RESIDENT OF VILLAGE GORIYATOLI ANATH ARA, P.S. NAWADA, DISTRICT BHOJPUR. 5. MANOJ SAH, SON OF LATE SHITAL SAH, RESIDENT OF VILLAGE P.S. BIKAINIGANJ, DISTRICT ROHTAS 6. KESHO SAH, SON OF BALAWAN SAH, RESIDENT OF VILLAGE LARA, P.S. TARARI, DISTRCIT BHOJPUR. 7. NATHU SAH @ NATHUNI SAH, SON OF LATE SANAY SAH, RESIDENT OF VILLAGE KAITHI, P.S. KACHCHAIA, DISTRICT ROHTAS ---- PETITIONERS Versus 1. THE STATE OF BIHAR. 2. GOPAL SAH, SON OF LATE KAILASH SAH, RESIDENT OF VILLAGE SARA, P.S. TARARI, DISTRICT BHOJPUR. ---- OPPOSITE PARTIES ----------- 2 24.6.2011 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State. This application has been filed for quashing the order dated 1.4.2008 passed by the Additional Sessions Judge, Fast Track Court No. III at Ara, Bhojpur in Sessions Trial No. 198 of 2007. Learned counsel for the petitioners submits that the Court below has wrongly rejected his discharge petition filed under Section 228 of the Code of Criminal Procedure as the injuries are simple in nature. The question as to whether a case is 2 made out under Section 307 of the Indian Penal Code will be considered by the Trial Court after looking into the evidence that comes on record and the manner of the occurrence along with the injury report. At this stage, this issue cannot be finally adjudicated. This application is disposed of with the aforesaid observation. Sanjay ( Sheema Ali Khan, J.)