IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28813 of 2009 1. Kamlesh Singh, son of Narsingh Singh. 2. Narsing Singh, son of Late Ram Janam Singh, 3. Shankar Singh, son of Late Ram Janam Singh. All resident of Village-Bansghat, Police Station-Chakia, District-East Champaran at Motihari. …Petitioners. Versus 1. The State off Bihar. 2. Krishnanath Sah, son of Late Bhuil Sah, Resident of Village- Bansghat, Police Station-Chakia, District-East Champaran at Motihari. ….Opposite parties. ----------- 2. 21.09.2011 Heard learned counsel for petitioners as well as learned Additional Public Prosecutor for State. This petition has been preferred under Section 482 Cr. P.C. to quash the order dated 13.01.2009 passed by learned Additional District & Sessions Judge, F.T.C. No. III, East Champaran at Motihari in S.T. No. 590 of 2008 by which he refused to discharge the petitioners for the offence under Section 307 of the I.P.C. It would appear from perusal of the impugned order that the learned Additional District & Sessions Judge, F.T.C. No.-III has observed that the nature of injury sustained by injured person, prima facie constitutes an offence under Section 307 of the I.P.C. against the petitioners. I therefore, do not find any illegality, irregularity or impropriety in the impugned order. Accordingly, this petition stands dismissed on admission stage itself. However, it is made clear that observation given in 2 this order shall not prejudiced the mind of the Trial Court and if in course of trial or at the time of pronouncement of the judgment, the petitioners are not found guilty under Section 307 of the I.P.C. by the learned trial Court, the learned Trial Court shall pass order/judgment in accordance with law. Kamlesh (Hemant Kumar Srivastava, J.)