Arun Prasad Bhushan vs State Of Bihar on 29 July, 2011

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Cr.Misc. No.44520 of 2008
    Arun Prasad Bhushan, son of Late Kamla Prasad, village Raun, PS Alawali, Dist. Khagaria -
                                          Petitioner.
                                            Versus
                                        State Of Bihar
                                           -----------

2 29.7.2011 Heard learned counsel for the petitioner and the

counsel appearing on behalf of the State.

The petitioner has challenged the order of discharge,

dated 11.9.2008 passed in S.T. No. 463/2008 by the Additional

District and Sessions Judge, FTC V, Khagaria on the ground that

no offence is made out under section307 of the Penal Code.

The question as to whether section 307 of the Penal

Code would be applicable in the facts of the case will depend on

the evidence that comes, the manner of occurrence, the nature of

injuries and the weapons used.

All these aspects of the matter can well be examined

by the court after the evidence is led in the case.

This application is disposed of with the aforesaid

observation.

           haque                                                     ( Sheema Ali Khan, J.)