Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.44400 of 2011 ====================================================== 1.Birendra Prasad, Son of Bishun Prasad. 2.Umesh Prasad. 3.Ramesh Prasad. Both Sons of Birendra Prasad. 4.Mahendra Prasad, Son of Late Bhikshu Prasad. 5.Dharmendra Prasad, Son of Mahendra Prasad. 6.Chhote Prasad, Son of Late Bhikshu Prasad. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 3 02-03-2012 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. In this application out of total six petitioners, prayer as regard to petitioner no. 2 has already been withdrawn vide order dated 06.01.2012 as he has already been arrested. Remaining five petitioners are apprehending their arrest in connection with Tharthari P.S. Case No. 31 of 2011, G.R. No. 1319 of 2011 for the offences punishable under [STATUTE] , pending in the Court of Patna High Court Cr.Misc. No.44400 of 2011 (3) dt.02-03-2012 2 / 2 2 Additional Chief Judicial Magistrate, Hilsa at Nalanda. After some arguments, learned counsel for the petitioners seeks permission to withdraw this application with a liberty to surrender before the court below within a fortnight for a prayer of regular bail, which shall be considered on its own merit, without being prejudiced of instant withdrawal. Permission is granted. Accordingly, this application stands disposed of as withdrawn. Praveen-II/- (Akhilesh Chandra, 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.