IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellanious No.35058 of 2008 ====================================================== 1. Suresh Paswan, Son of Late Prasadi Paswan 2. Devi Paswan @ Devi Saran Paswan, Son of Late Karu Paswan 3. Ashok Paswan 4. Shravan Paswan Both sons of Devi Paswan 5. Rajendra Paswan, Son of Late Kewal Paswan 6. Nandu Paswan, Son of Late Barhu Paswan 7. Kamlesh Paswan, Son of Siyasharan Paswan 8. Mukesh Paswan, Son of Rajendra Paswan All are resident of Village Baigani, PS Hulasganj, District Jehanabad .... .... Petitioner/s Versus 1. The State Of Bihar 2. Ujjawal Sharma, Son of Shri Awadh Bihari Sharma, Resident of Village Baigani, PS Hulasganj, District Jehanabad. .... .... Opposite Party/s ====================================================== 2 12-07-2011 The petitioners are aggrieved by the order dated 16.7.2008, passed by the Additional District & Sessions Judge, Fast Track Court No. II, Jehanabad in Sessions Trial No. 51 of 2008 by which the discharge application was rejected by the Court below. The main issue raised on behalf of the petitioners is that no offence is made out under Section 307 of the Indian Penal Code as the injuries are simple in nature. It is also submitted that there is a case and counter case and as such the petitioners cannot be held responsible for the offence. These aspects of the matter will have to be considered by the Court below during trial of the case. At this stage, this Court cannot discharge the petitioners on the ground that no offence is made out under Section 307 of the Indian Penal Code. This application is dismissed. Sanjay ( Sheema Ali Khan, J)