Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No 44906 of 2012 ====================================================== 1 Niraj Kumar Singh, son of Sikandar Singh 2 Nitesh Kumar Singh, son of Subhash Singh 3 Abhay Kumar Singh, son of Shatrujit Singh, residents of village – Bara Daud, Police Station – Paroo, District - Muzaffarpur .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HON’BLE MR JUSTICE NAVANITI PRASAD SINGH ORAL ORDER 2 19-12-2012 Heard the learned counsel for the petitioner and the State. Petitioners apprehend arrest in Paroo Police Station Case No 26 of 2005 pending before Subdivisional Judicial Magistrate (West), Muzaffarpur instituted under [STATUTE] . The allegation is that on the day of voting, petitioners had assembled and threatened the informant. It is alleged in the first information report that the petitioners fired indiscriminately injuring several persons. The Fardbayan is recorded at the Primary Health Centre but, as noticed by the learned Sessions Court, there is no injury report even though the case is seven years old. It is also submitted that after due investigation, the Deputy Superintendent of Police had opined that it was a case of mistake of fact as no injury at all was proved on Patna High Court Cr.Misc. No.44906 of 2012 (2) dt.19-12-2012 2 any person. However, the Superintendent of Police ordered for filing of chargesheet. Be that as it may, in the facts and circumstances of the case, the petitioners abovenamed are directed to be released on bail on each of them furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Subdivisional Judicial Magistrate (West), Muzaffarpur in Paroo Police Station Case No 26 of 2005 subject to all conditions as laid down in Section 438 (2) of Criminal Procedure Code. M.E.H./- (Navaniti Prasad Singh)

Applicable IPC Section: 307

Statute Text:
Section 307 of the Indian Penal Code. Attempt to murder. Whoever does any act with such intention or knowledge, and under such circumstances that, if he by that act caused death, he would be guilty of murder, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and, if hurt is caused to any person by such act, the offender shall be liable either to imprisonment for life, or to such punishment as is hereinbefore mentioned. Attempts by Life Convicts: When any person offending under this section is under sentence of imprisonment for life, he may, if hurt is caused, be punished with death.