IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.40138 OF 2009 AKHILESH SINGH @ RAM AKHILESH SINGH, SON OF LATE DOULAT SINGH, RESIDENT OF VILLAGE LALUADIH, POLICE STATION HARNAUT, DISTRICT NALANDA VERSUS 1. THE STATE OF BIHAR 2. UPENDRA SINGH, SON OF LATE KISHUN DOULAT SINGH 3. UDAY SINGH, SON OF UPENDRA SINGH 4. VINAY SINGH, SON OF UPENDRA SINGH 5. MANOJ SINGH, SON OF UPENDRA SINGH 6. AJAY SINGH, SON OF UPENDRA SINGH 2-6 ARE THE RESIDENT OF VILLAGE BABUADIH, POLICE STATION HARNAUT, DISTRICT NALANDA ………………………………………………………………………OPPOSITE PARTIES ******** 2 04/02/2010 Heard learned Counsel for the petitioner and the A.P.P. appearing on behalf of the State. The petitioner is aggrieved by the order dated 20.10.2009 by which the Court below has found that the offences come under Sections 148, 325 and 379 of the Indian Penal Code and Section 27 of the Arms Act. The prosecution case is that the petitioner was besieged by the accused persons. When the petitioner tried to escape, one of them fired which stopped the petitioner from escaping from the place of occurrence. It is, thereafter, alleged that all the accused persons assaulted the petitioner with lathi, injuring and fracturing his arms and legs. Learned Counsel for the petitioner submits that the allegations make out a case under Section 307 of the Indian Penal Code. 2 From the allegations as mentioned in the First Information Report, there is no doubt about the fact that the petitioner was assaulted by lathi, which resulted in grievous injuries on the hands and legs. However, the Court below has found that no case under Section 307 of the Indian Penal Code is made out against the accused persons. In view of the fact that the nature of the injuries and the manner in which the injuries were inflicted does not indicate the intention of the accused persons to kill the petitioner. I see no illegality with the reasonings of the order of the Court below. However, during trial, it would always be open for the parties to raise whatever issues and points they deem fit. This application is dismissed. Anand ( Sheema Ali Khan, J.)