IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellanious No.34605 of 2008 BHUWANESHWAR YADAV - Petitioner Versus STATE OF BIHAR - Opposite Party ------------------ 2 11.07.2011 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is aggrieved by the order dated 18.06.2008 passed in Sessions Trial No. 138 of 2007/130 of 2007. Learned counsel for the petitioner submits that no case is made out under Section 307 of the I.P.C as they had no intention to kill the injured persons. It is submitted that there is no injury to commensurate the allegation that there was an assault inflected by lathi and garasa. The question as to whether under Section 307 of the I.P.C would be made out in this case, can only be considered taking into account, the evidence, manner of occurrence and the injury report, this Court is thus not inclined to interfere with the order impugned at this stage. This application is thus dismissed. Prakash ( Sheema Ali Khan, J.)