Case Facts:
Patna High Court Cr.Misc. No.14374 of 2011 (2) dt.03-08-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.14374 of 2011 ====================================================== 1. Santosh Prasad @ Santosh Kumar Prasad , son of late Pundeo Prasad 2. Shivjee Prasad Sah @ Shivjee Sah, son of Sundar Sah 3. Rahul Kumar, son of Santosh Prasad 4. Khalif Sah @ Ganga Sagar Prasad, son of late Hajari Lal Sah 5. Dinanath Prasad @ Dinanath Prasad Sah, son of late Ramadhar Sah 6. Sita Ram @ Sita Ram Prasad, son of late Ramadhar Sah 7. Meghu Prasad @ Meghnath Prasad @ Meghu Sah, son of late Mahindra Prasad 8. Ramchandra Kumar Sah, son of Rajendra Sah 9. Bishun Sah, son of Suraj Sah, all are residents of Village-Masahan, P.S. Chiraiya (Shikarganj), District- East Champaran. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Virendra Kuar, Advocate. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 2 03-08-2012 Heard learned counsel for the petitioners and learned counsel for the State. This application has been filed for quashing the order dated 4.1.2011 passed in S.T. No. 312 of 2010 by the learned 2nd Additional Sessions Judge, East Champaran, Motihari by which the court below has rejected the petition of the petitioners under section 228 of the Code of Criminal Procedure for remand back the case to the Magistrate as offence under [STATUTE] is not made out against the petitioners. Learned counsel for the petitioners submits that Patna High Court Cr.Misc. No.14374 of 2011 (2) dt.03-08-2012 there is no specific allegation against the petitioners and as such the court below has wrongly taken cognizance under [STATUTE] . He further submits that the court below has wrongly refused to delete [STATUTE] from charge. He further submits that no case under [STATUTE] is made out. From the impugned order it appears that the court below has considered different paragraph of the case diary and has come to the conclusion that case under [STATUTE] is made out against the petitioners. This Court does not find any merit in this application. Accordingly this application is dismissed. However, the petitioners will be at liberty to raise all the points before the court below at the appropriate stage of trial. 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.