IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17556 of 2008 1. BIHARI SINGH, SON OF LATE SHIVNANDAN SINGH 2. LADDU SINGH, SON OF BIHARI SINGH 3. SACHITANAND SINGH, SON OF LATE RAJA RAM SINGH 4. LAKHAN SINGH, SON OF LATE RAJA RAM SINGH 5. SIKANDAR SINGH, SON OF LAKHAN SINGH 6. UPENDRA SINGH, SON OF SACHIDANAND SINGH ALL RESIDENTS OF VILLAGE MAKRAUTA, TOLA DIRIPAR, P.S. KARAI PARSURAI, DISTRICT NALANDA. ----- PETITIONERS Versus 1. THE STATE OF BIHAR 2. SANJAY KUMAR, SON OF SITARAM PRASAD, VILLAGE MAKRAUTA, P.S. KARAI, DISTRICT NALANDA. ----- OPPOSITE PARTIES ----------- 2 8.1.2010 The petitioners have challenged the order dated 19.2.2008 passed by the Additional Sessions Judge, 2nd Hilsa (Nalanda) in Hilsa P.S. Case No. 413 of 2002 (S. Tr. No. 364/05) by which the Court has refused to discharge the petitioners for offences under Sections 148, 149, 307 and 379 of the Indian Penal Code. The main submission on behalf of the counsel for the petitioners is that the First Information Report does not disclose an offence under Section 307 of the Penal Code. It is submitted that it has not been alleged that the petitioners 2, 3, 4 and 6 were armed at the time of the occurrence rather the allegation has been limited against petitioner no. 1 Bihari Singh and petitioner no. 5 Sikandar Singh. It is further submitted that there is no allegation of repetition in the First Information Report. The additional allegations made during the investigation by the witnesses who have been examined at paragraphs 2, 6, 7, 8, 9 and 10 are a supplement to the First Information Report and ought not be taken into account for the purposes of framing charges. I do not think that the Court can ignore the statements 2 of the witnesses made in the case diary. The statements have naturally to be tested in a full fledged trial, however at this stage, the Court has only to examine whether a prima facie case is made out or not against the accused persons. Considering the entire facts, I am not inclined to interfere with the order dated 19.2.2008. This application is dismissed. Sanjay (Sheema Ali Khan, J.)