IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4842 of 2011 1. RAM NARAYAN SHARMA SON OF LATE CHHEDI PRASAD SHARMA 2. PREM SHANKAR KUMAR SHARMA @ PREM SHANKAR KUMAR @ GORELAL SHARMA 3. JAY SHANKAR KUMAR @ JATA SHANKAR KUMAR, BOTH SONS OF SRI RAM NARAYAN SHARMA, ALL RESIDENTS OF VILLAGE KHARDAURI, P.S. AMARPUR IN THE DISTRICT OF BANKA ….. PETITIONERS Versus 1. THE STATE OF BIHAR 2. HARE RAM SHARMA SON OF LATE KAMLESHWARI SHARMA, RESIDENT OF VILLAGE KHARDAURI, P.S. AMARPUR IN THE DISTRICT OF BANKA …. OPP. PARTIES ----------- 2. 4.3.2011 The petitioners seek quashing of the order dated 6.12.2010 passed by the Additional Sessions Judge-cum- F.T.C.III, Banka in Sessions Trial No.1148 of 2010/Tr.No.508 of 2010, by which the trial court has refused to discharge the petitioners u/s.307 I.P.C. It has been submitted that both the parties are agnates and a quarrel took place on the spur of moment, on account of which this occurrence took place and the injured had sustained simple injuries and, therefore, no offence u/s.307 I.P.C. is made out. The further submission is that the impugned order shows a total non-application of mind since it is cryptic in nature. In my view, even subsequently if the court finds that no offence under a particular Section is made out, there is always a provision for amendment of charge and no prejudice would be caused to the petitioners if they are charged u/s.307 I.P.C. - 2 - With these observations, the application is disposed of. Narendra/ ( Anjana Prakash, J. )