IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44931 of 2009 1. RAMASHRAY SINGH, SON OF LATE NOUJADIK SINGH 2. RANJAN KUMAR @ RANJAY KUMAR, SON OF SRI RAMASHRAY SINGH 3. UPENDRA KUMAR @ BABLU KUMAR @ JITENDRA KUMAR, SON OF SRI RAMASHRAY SINGH ALL RESIDENT OF VILLAGE POTHAHI, P.S. PUNPUN, DISTRICT PATNA. ---- PETITIONERS Versus THE STTAE OF BIHAR ---- OPPOSITE PARTY ----------- 2 16.4.2010 Heard the parties. Learned counsel for the petitioners submits that the Court has wrongly rejected the application filed on behalf of the petitioners for discharging them for the offences under Section 307 of the Indian Penal Code. It is submitted that the case of the prosecution does not support the allegations under Section 307 of the Indian Penal Code inasmuch as it is alleged that one of the petitioners fired on the informant which hit him on his hand. The informant is said to have gone to a medical shop and got first aid from the shop which goes to indicate that in fact the injuries were simple in nature. The question whether Section 307 of the Indian Penal Code would apply in a particular case depends on the intention of the parties, the weapon used, the nature of the injury, manner of occurrence and the intervening circumstances. These aspects of the matter can only be taken into consideration after the evidence led in this case. In the result, I do not find any illegality with the order dated 28.10.2009 passed in Sessions Trial No. 1295 of 2008. This application is dismissed. Sanjay (Sheema Ali Khan, J.)