IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.48173 of 2008 1. Sahdev Sharma, Son of Sakhichand Sharma. 2. Niraj Sharma. 3. Pankaj Sharma. 4. Kishan Kumar Sharma @ Kanhai Sharma. 2 to 4 all are sons of Sahdev Sharma. All are residents of Village Chuabag, PS Kasim Bazar, District Munger ---- Petitioners Versus 1. The State Of Bihar. 2. Baldev Tanti, Son of late Sita Ram Tanti, Resident of Village Chuabag, PS Kasim Bazar, District Munger ---- Opposite Parties. ----------- 2 5.8.2011 The petitioner has challenged the order dated 22.2.2007 , passed in S.C. Case No. 188 of 2005 by which the Court below has refused to allow the petition filed by the petitioners under Section 228 of the Code of Criminal Procedure and the revisional order dated 14.8.2008, passed in Cr. Rev. No. 67 of 2007 by the Additional Sessions Judge, Fast Track Court No. III, Munger by which the Court has rejected the petitioners’ application that a case under Section 307 of the Indian Penal Code is not made out and asked the accused persons to appear for framing of charges. The fact whether a case is made out under Section 307 of the Indian Penal Code does not depend on the evidence led in the case and manner of occurrence. At this stage, the Court cannot finally conclude that no offence is made out under Section 307 of the Indian Penal Code, as such. This application is dismissed. Sanjay (Sheema Ali Khan, J.)