IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34209 of 2008 Bashistha Prasad @ Bashistha Mahto, Son of Shankar Mahto, Resident of Village Harpur, PS Majhaulia, District West Champaran ---- Petitioner Versus 1. The State Of Bihar. 2. Sri Jhulan Thakur, Son of Mahanth Thakur, Village Harpur, PS Majhaulia, District West Champaran ---- Opposite Parties ----------- 2 8.7.2011 The petitioner is aggrieved by the order dated 5.5.2008 passed in Sessions Trial No. 725 of 2006 by which the Court below has refused to discharge the petitioner. The main issue raised in this case is that no case is made out under Section 307 of the Indian Penal Code as the petitioner is said to have inflicted a single blow on the head. The question whether the offences under Section 307 of the Indian Penal Code are made out in the facts of this case would depend on the evidence led in the Court, the medical evidence and the manner of the occurrence. In the result, I do not find any illegality in the reasoning and the order of the Court below. This application is dismissed. Sanjay ( Sheema Ali Khan, J.)