IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35607 of 2008 1. Md.Ali Hussain. 2. Md. Fida Hussain Both are the sons of late Abdul Gafur, Resident of Village Moradpur Dullah, PS Ahiyapur, District Muzaffarpur. 3. Md. Sultan 4. Md. Vazir Both are the sons of Md. Fida Hussain, Resident of village Moradpur Dullah, PS Ahiyapur, District Muzaffarpur 5. Md. Hadees, Son of Guljan Miyan, Resident of village Sahbajpur, PS Ahiyapur, District Muzaffarpur 6. Md. Annual Haque, Son of Late Kaseem, Resident of Village Sipatpur, PS Ahiyapur, District Muzaffarpur ---- Petitioners Versus 1. The State Of Bihar. 2. The Superintendent of Police, Muzaffarpur 3. The Officer Incharge, Ahiyapur Police Station, Muzaffarpur, PS Ahiyapur, District Muzaffarpur. 4. Md. Saiyad Raiyaz Alam, son of Md. Saiyad Zahur Alam, Resident of Village Sahbagpur, PS Ahiyapur, District Muzaffarpur ---- Opposite Parties ----------- 2 13.7.2011 This application has been filed challenging the order dated 8.7.2008, passed by the 9th Additional Sessions Judge, Muzaffarpur in Sessions Trial No. 14 of 2008, rejecting the application for discharge filed on behalf of the petitioners. The grounds raised for discharging the petitioners is that no offence is made out under Section 307 of the Indian Penal Code as the injuries, supposedly inflicted by the petitioners, are simple in nature. Having considered the order impugned and the allegations in the First Information Report, this Court can only conclude that the question of applicability of Section 307 of the Indian Penal Code would need to be tested after leading evidence in this case which would describe the manner of the occurrence and the injury report. 2 At this stage, this Court finds no reason to interfere with the order impugned. This application is dismissed. Sanjay ( Sheema Ali Khan, J.)