IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.31647 OF 2008 1. SHYAM YADAV, 2. BHUPENDRA YADAV 3. BINDESHWARI YADAV 4. NARAYAN YADAV ALL SONS OF BRAJ LAL YADAV, RESIDENT OF VILLAGE DAHA, POLICE STATION GAMHARIA, DISTRICT MADHEPURA VERSUS 1. THE STATE OF BIHAR 2. SITA RAM YADAV, SON OF LATE KHUSILAL YADAV, RESIDENT OF VILLAGE DAHA, POLICE STATION GAMHARIA, DISTRICT MADEHPURA ******** 2 28/06/2011 Heard Counsel for the petitioners and the A.P.P. appearing on behalf of the State. This application has been filed for challenging the order dated 06.05.2008 passed in Criminal Revision No. 182 of 2007 by which the Sessions Judge, Madhepura has confirmed the order dated 18.09.2007 passed in Gamharia Police Station Case No. 40 of 2007 by which the Chief Judicial Magistrate, Madhepura has taken cognizance for the offences alleged to have been committed under Section 307 of the Indian Penal Code. The main grievance of the petitioners in the revision application was that no offences under Section 307 of the Indian Penal Code is made out as the allegation is that the petitioners are said to have inflicted a blow with the hard blunt substance. The question whether a case would be made out under Section 307 of the Indian Penal Code would 2 depend on the manner of occurrence, the evidence led during the trial and the injuries inflicted. At this stage, there is allegation that there was an attempt to kill the injured persons by inflicting the lathi blow on the head of the informant, it would not be proper for the Chief Judicial Magistrate or the Sessions Judge to hold that no case is made out under Section 307 of the Indian Penal Code. I see no illegality in the impugned, and as such, this application is accordingly dismissed. Anand ( Sheema Ali Khan, J. )