IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.42673 of 2008 1. Vinay Kumar Choubey @ Ghuturan Choubey 2. Viveka Nand Tiwary @ Viveka Tiwary 3. Bachaspati Tiwary @ Batasa Tiwary ---------------------------- Petitioners Versus State Of Bihar & Anr ---------------------------------- 2 1.8.2011 Heard learned counsel for the parties. Of petitioners, petitioner no.1 is alleged for firing a shot with intention to kill the informant which did not hit any one. Petitioner nos. 2 and 3 are alleged for causing assault by means of Lathi Danda if have no intention to kill as appearing all his (informant’s) injuries simple in nature is to be considered by the trial court while framing charge against all the accused persons. Procedure is clear that each and every accused is to be charged for the act done on his/their behalf. Any of them if is found committing offence for instant case under section 307 IPC no question arises about discharging all the accused persons for the offence under section 307 IPC. I think guideline so enumerated shall be considered at the time of framing specific charge against petitioners each but I find no mistake committed in not discharging them for 2 the offence under section 307 IPC when sections 147, 148 and 149 are also made applicable. Accordingly, this application is dismissed. AI ( Mandhata Singh, J.)