Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.4675 of 2011 ====================================================== 1. Subodh Yadav, son of Ganauri Yadav 2. Umesh Yadav, son of Basudeo Yadav 3. Pramod Yadav, son of Ganauri Yadav, all resident of Village- Nemdarganj, P.S. Akbarpur, District-Nawada .... .... Petitioner/s Versus 1. The State Of Bihar 2. Moti Yadav, son of Fakira Yadav, resident of Village-Nemdarganj, P.S. Akbarpur, District-Nawada .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Deepak Kumar, Advocate. For the Opposite Party/s : Mr. Ranjit Ranjan, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 2 15-03-2012 Heard learned counsel for the petitioners and learned counsel for the State. This application has been filed for quashing the order dated 4.11.2010 passed by the Chief Judicial Magistrate, Nawadah in Akbarpur P.S. Case No.80 of 2010 by which the learned Magistrate has taken cognizance against the petitioners under [STATUTE] . In this case there is a case and counter case from both sides. Petitioner no.1 has claimed to be relative of the informant and has taken a plea that on the date of occurrence he was working at Jaipur and for that employer has granted a Patna High Court Cr.Misc. No.4675 of 2011 (2) dt.15-03-2012 2 / 2 2 certificate. The plea of alibi can not be taken into consideration at this stage. This application is dismissed. However, the petitioners will be at liberty to raise all the points before the trial court at the appropriate stage. Vinay/- (Shivaji Pandey, J)

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.