IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.5366 OF 2009 1. DHARAMDEO RAI, SON OF SHIVJI RAI @ THAKUR RAI 2. POLICE RAI, SON OF SHIVJI RAI @ THAKUR RAI 3. BHAGIRATH RAI, SON OF SHIVJI RAI @ THAKUR RAI 4. RAMJIVAN RAI @ RAMJI RAI, SON OF SHIVJI RAI @ THAKUR RAI 5. MANOJ RAI, SON OF DHARAMDEO RAI 6. SAROJ RAI, SON OF DHARAMDEO RAI 7. SANJAY RAI, SON OF BHRIGU RAI 8. BAIJU RAI, SON OF LATE NAGINA RAI ALL RESIDENT OF VILLAGE SIHORIA, POLICE STATION MARHAURA, DISTRICT SARAN AT CHAPRA ……………………………………………………………………PETITIONERS VERSUS 1. THE STATE OF BIHAR 2. SANJAY RAI, SON OF RAM RATAM RAI, RESIDENT OF VILLAGE SIHORIA, POLICE STATION MARHAURA, DISTRICT SARAN AT CHAPRA …………………………………………………………………OPPOSITE PARTIES ********** 3 10/03/2010 Heard learned Counsel for the petitioners and the A.P.P. appearing on behalf of the State. Learned Counsel for the petitioners submits that infact the offences alleged to have been committed do not disclose an offence under Section 307 of the Indian Penal Code in view of the fact that the petitioners were armed with lethal weapons and the injuries were superficial and simple in nature. It is submitted that if the petitioners had an intention to kill the informant and his uncle, they had ample opportunity to do so and as such no offence under Section 307 of the Indian Penal Code can be made out in this case. The submissions on behalf of the petitioners ought to be considered by the Trial Court 2 during the arguments in the case. This application is disposed of with the aforesaid observations and directions. Anand ( Sheema Ali Khan, J.)