IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29662 of 2010 LAKHINDRA MAHTO S/O BHABHIKSHAN MAHTO R/O VILLAGE- DHARAM NAGAR, P.S.- MAHUAWA, DISTRICT- EAST CHAMPARAN ……………… Petitioner Versus THE STATE OF BIHAR …………. Opposite Party ----------- 2. 01.03.2011 No one appear on behalf of the petitioner. The petitioner seeks quashing of the order dated 14.6.2010 passed by the learned Addl. Sessions Judge, East Champaran in S. Tr. No. 120/10, by which he has refused an application under Section 228 Cr.P.C. It has been submitted that the petitioner assaulted with the blunt portion of the weapon as also the superficial injuries was found on the person of the injured and, therefore, no offence under Section 307 I.P.C. is made out. However, since these are not materials which can be scrutinized at the stage of framing of charge, I am not inclined to interfere in the matter. More, so since subsequently Lower Court is at liberty to amend the charge under Section 216 Cr.P.C. The application is dismissed. Fahad. ( Anjana Prakash, J. )