IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellanious No.35639 of 2008 ============================================= 1. Madan Rai, son of Jagarnath Rai. 2. Lalan Rai, Son of Jagdeo Rai. 3. Someshwar @ Bhola Rai, Son of Sri Lalan Rai. 4. Lal Babu Rai, Son of Jagarnath Rai. 5. Ajay Rai Son of Lal Babu Rai. All resident of village Bhada, P.S. Harsidhi, District- East Champaran. .... .... Petitioners. Versus The State Of Bihar .... .... Opposite Party. 2 13-07-2011 Heard the learned counsel for the petitioners and the learned counsel appearing on behalf of the State. The petitioners are aggrieved by the order dated 28.03.2008 by which the Assistant Sessions Judge, Motihari has rejected the application filed for discharging the petitioner under Section 307 of the Indian Penal Code. The order dated 28.03.2008 was challenged by filing a revision which was also dismissed on 16.07.2008. The questions raised on behalf of the petitioners is that the injury found on the injured persons during the occurrence are simple in nature and as such a case is not made out under Section 307 of the Indian Penal Code. The Court below while considering the submissions aforesaid has taken into account the manner of the occurrence, the weapons used and the report of the doctor which indicates that some of the injuries are grievous in nature. The argument raised on behalf of the petitioners regarding the gravity of the injury and the manner of the occurrence would necessarily have to be considered in the context of the evidence in this case. Thus, I find no reason interfere in the order impugned. This application is dismissed. Md. Ibrarul/- ( Sheema Ali Khan, J)