IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31876 of 2007 1. HASSAN IMAM @ BHULAN 2. ABBU MOHAMMAD 3. ZIYAUDDIN 4. MEGHU 5. NOOR ALAM 6. MANTU 7. ZEYAUDDIN 8. MUZAFFARUL HAQUE 9. ALI AZAHAR 10. ANWAR RAY 11. CHHEDI (ALL ARE RESIDENT OF SEMIR, GOPALGANJ TOWN OF GOPALGANJ DISTRICT. Versus STATE OF BIHAR ----------- 7 29.10.2009. Heard learned counsel for the parties. The petitioner has filed this application for quashing order dated 29.5.2007, passed by the Addl. Sessions Judge, F.T.C.No. V, Gopalganj in Sessions Trial No. no. 151 of 1997/52 of 1997 arising out of Gopalganj Police Station case no. 120 of 1995 by which his petition filed under section 228 Cr.P.C.for prosecution under section 307 I.P.C. has been rejected. The petitioner states that no case under section 307 I.P.C. would be made out as the injury of Dharmendra Singh was found to be simple in nature caused by hard and blunt substance. The injury report is contained in annexure 2. It is further submitted that as per allegation 50 persons variously armed with Lathi and Farsa came in the house of Dasrath Mian and assaulted the informant. Had there been any intention to kill him, they would have easily done so or at least could have inflicted severe and more injuries as the informant was all alone. Counsel for the petitioner submits that at the most it would be a case under sections 325 - 2 - and 326 I.P.C., Learned counsel for the State submits that 15-16 persons entered into the house of the informant with dangerous weapon obviously with intention to kill him. After hearing the parties, this Court finds that there is no sufficient material for framing of charge under section 307 of the I.P.C. Thus the order dated 29.5.2007 rejecting the petition of the petitioner under section 228 Cr.P.C. is set aside and matter is remanded back to the court of session for framing of charge in accordance with law. The instant petition is allowed in the aforesaid terms. Shashi. (Samarendra Pratap Singh,J.)