IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3773 of 2008 LAL BABU KUSHWAHA & ANR Versus THE STATE OF BIHAR & ANR ----------- 3. 23.4.2010. Heard. The grievance of the petitioners is that the facts did not constitute an offence under Section 307 of the IPC. The prosecution could not be quashed if any offence is made out and in that view of the matter, the petition appears meritless. However, the petitioners shall have the right of agitating this issue under Sections 227 and 228 of the Cr.P.C. and the court below is to hear the petitioners under those Sections and to record finding whether the offence exclusively triable by the court of Sessions is made out on facts or not. The petition stands dismissed with the above observations. B.Kr. ( Dharnidhar Jha, J. )