IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28809 of 2007 1. Chandeshwar Ojha S/o Ram Sahaj Ojha. 2. Pankaj Kumar, S/o Chandeshwar Ojha. Both are resident of Village Khabra, P.S. Sadar, Town and District of Muzaffarpur. --------- Petitioners Versus 1. The State of Bihar. 2. Satyendra Ojha, S/o Late Bashist Narayan Sharma, Resident of Village Khabra, P.S. Sadar Thana, Dist. Muzafarpur. ------ Opposite Parties ----------- 5 7.8.2009 Heard learned counsel for the petitioners and counsel for the State. An order refusing to discharge the petitioners under Section 227 of the Code of Criminal Procedure (Cr.P.C.) is sought to be assailed only on the ground that the injuries found on the person of the injured involving an allegation under Section 307 of the Indian Penal Code was not made out as such injuries were simple in nature. This aspect of the matter has also been gone into by the court below which has recorded that the allegation of an assault with an intention to kill was not only substantiated but even the use of weapon and the corresponding injuries found thereon (farsa injury) was also there. This Court would hardly found any reason to interfere with the impugned order refusing to discharge the petitioners as there were definitely materials available on record for framing of charge against the petitioners and accordingly, this application is dismissed. Rsh (Mihir Kumar Jha, J.)