IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38284 of 2008 1. Uttam Chandra Sah s/o Ram Avtar Sah. 2. Uday Sah s/o Uttam Sah 3. Barun Sah 4. Arun Sah, both sons of Nageshwar Sah. 5. Tapeshwar Sah s/o Late Surya Sah 6. Arvind Sah s/o Lal Sah 7. Amiri Sah s/o Late Hajari Sah All residents of village- Tehbara, P.S. Katra, Muzaffarpur. Versus 1. The State Of Bihar. 2. Ram Kumar Sah s/o Laldhari Sah, resident of village- Tehbara, P.S. Katra, Dist. Muzaffarpur. ----------- 2 22.07.2011 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State. The petitioners are aggrieved by the order of cognizance and the order dismissing the revision application filed against the order taking cognizance. The only question raised before this Court that the offence under Section 307 of the Indian Penal Code would not be made out as first information report has not revealed that there was any intention to kill. It is submitted that one of the accused persons assaulted the victim by the butt of the pistol on the chest, it is also alleged that the victim was assaulted by lathi. All these aspect of the matter would be considered after the evidence is led in this case, regarding the manner of the occurrence. At this stage, the Court cannot quash the order taking cognizance under Section 307 of the Indian Penal Code. I, therefore, find no merit in this application and thus this application is dismissed. Md. Ibrarul ( Sheema Ali Khan, J.)