IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19715 of 2007 1. SHRI AWADH KISHORE YADAV s/o Asharfi Yadav 2. Brij Kishore Yadav S/o Asharfi Yadav 3. Raj Kishore Yadav s/o Asharfi Yadav 4. Rajdeo Yadav s/o Asharfi Yadav 5. Raj Karan Yadav s/o Asharfi Yadav All resident of village Arahi, P. S. Bahedi, Distt. Darbhanga. … Petitioners Versus 1. STATE OF BIHAR 2. Puran Yadav s/o Jagbir Yadav, vill- Atahi, P. O. Atahi via Bahora, Distt. Darbhanga. … Opposite parties. ----------- 5. 29.01.2010 Heard counsel for the petitioners and counsel for the State. The prayer of the petitioner in this application is to quash the order dated 2.4.2007 whereby and whereunder the prayer of the petitioner for discharging him has been rejected. Counsel for the petitioner would submit that his solitary grievance against the impugned order is that even though there was no material to constitute an offence under Section 307 of the I.P.C. and infact that there were no circumstances emerging from the materials collected by the police in course of investigation to make out a case under Section 307 yet the court below without even appreciating the fact that there was also no allegation of repetition of blow or any intention to do away with the life 2 of father of the informant has mechanically proceeded to reject the application for discharge. In the opinion of this court, the court below has gone into each and every aspect of the matter including the injury found on the father of the informant. Head injury on the basis of C.T. Scan report showing cracking of the head as alleged in the first information report by itself would go to show that there was an intention to do away with the life of the father of the informant. That apart, it would be difficult for this Court to go at this stage by holding a mini trial as to whether there was a real threat on the life of the father of the informant by concerted blow given by the petitioners and others. That being so, this Court is not inclined to interfere with the order of the court blow which in fact has taken all pains to examine the question on fact as well on law in detail. This application thus devoid of any merit, is accordingly dismissed. kanchan (Mihir Kumar Jha, J.)