IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5426 of 2010 Bhikhari Sahni Son of Late Girban Sahni resident of Village- Bishautha, P.S. Katra, District- Muzaffarpur. ----- Petitioner. Versus 1. The State of Bihar. 2. Ramprit Sahni, S/O late Khomari Sahni, resident of Village Bisautha, P.S. Katra, District- Muzaffarpur ----- Opposite Party. ----------- 2. 16.2.2010 Heard Mr. Kailash Nath Diwakar for the petitioner, and Mr. Jharkhandi Upadhayay, learned Additional Public Prosecutor. This application under section 482 of the Code of Criminal Procedure 1973, is directed against the order dated 7.12.2009, passed by the learned 3rd Additional Sessions Judge, Muzaffarpur, in Sessions Trial No. 725 of 2008 (The State of Bihar Vrs. Bhikhari Sahni & others), whereby he has refused to alter the charges and has rejected the present petitioner’s application under section 228 of the Code of Criminal Procedure. We have perused the materials on record and considered the submissions of learned counsel for the parties. First Information Report was lodged against the present petitioner and on submission of the charge- sheet, charges were framed against him under section 307 of the Indian Penal Code, and the 2 case was committed to the court of sessions for trial. The petitioner filed an application under section 228 of the Code of Criminal Procedure before the learned trial court. It was submitted on behalf of the petitioner that, in view of the allegations against the petitioner and the injury report, a case under sections 323, 324, 147 and 148 of the Indian Penal Code is made out which are not trialble by the court of sessions. The contention has been rejected by the learned Additional Sessions Judge by the impugned order with the following observations: “Perused the case record as well as the case diary. From perusal of the case diary it appears that there are seven persons received injury. Para 33 of the case diary shows that Ram Prit Sahani who is the informant of this case, has sustained sharp cutting injury on back side of his scalp 3 Cms x ½ Cms x ½ Cms. The witnesses have also supported the facts of the injury report during their statement recorded u/s 161 Cr.P.C. which is apparent from perusal of para nos. 14, 15, 16 of the case diary. Therefore, I find and hold that there is sufficient materials to frame charge U/S 307 I.P.C. also under the facts and circumstances of the case. Accordingly, the petition dt. 27.5.09 filed on behalf of the defence U/S 228 Cr. P.C. stands rejected on merit.” In view of the reasons assigned in the 3 impugned order, we agree with the conclusion arrived at by him to the effect that the allegations are triable by the court of sessions. No ground for interference has been made out. The application is rejected. Vinay/ ( S. K. Katriar,J. )