IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.192 OF 2010 CHANDRA DEO SAH, SON OF LATE RAMESHWAR SAH, RESIDENT OF VILLAGE MOHRA GHAT PACHHWARI TOLA, POLICE STATION ALAULI, DISTRICT KHAGARIA VERSUS THE STATE OF BIHAR ******** 2 20/04/2010 Heard learned Counsel for the petitioner and the A.P.P. appearing on behalf of the State. The petitioners have filed this application challenging the order dated 04.11.2009 passed in Sessions Case No. 288 of 2009 arising out of Alauli Police Station Case No. 74 of 2008 by which the Additional Sessions Judge, Fast Track Court No. V, Khagaria has refused to discharge the petitioner. There is a case and counter case with respect to the involvement of some money. Learned Counsel for the petitioner submits that the injuries are simple in nature and are superfluous and the case under Section 307 of the Indian Penal Code is not made out in the facts of this case. As far as the imposition of Section 307 of the Indian Penal Code is concerned, merely because the injury is on the head does not in itself constitute an offence rather the intention of the parties, the weapon used, the manner of occurrence, the intervening circumstances and the fact that there is a case and 2 counter case ought to be considered by the Court. In the result, the order dated 04.11.2009 is hereby quashed and the matter is remitted to the Court of the Additional Sessions Judge, Fast Track Court No. V, Khagaria to reconsider whether infact a case is made out under Section 307 of the Indian Penal Code under the guidelines mentioned above. This application is allowed to the extent indicated above. Anand ( Sheema Ali Khan, J.)