Case Facts:
Patna High Court Cr.Misc. No.17773 of 2012 (2) dt.11-05-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.17773 of 2012 ====================================================== 1. Kundan Kumar Mandal @ Kundan Mandal, 2. Jitendra Kumar alias Jitendra Kumar Tanti, 3. Sefal Kumar Mandal alias Sefal Mandal .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.17808 of 2012 ====================================================== Chhotu Singh @ Mithilesh Kumar .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 11-05-2012 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under [STATUTE] and section 27 of the Arms Act. On receiving the information of firing, the informant being police officer, proceeded to the place of occurrence when it was gathered that Pankaj Kumar Tanti was selling liquor, when he refused to give liquor to Chotu Singh on credit, scuffle took place when firing was made from both sides. It is submitted on behalf of petitioner Chhotu Singh Patna High Court Cr.Misc. No.17773 of 2012 (2) dt.11-05-2012 alias Mithilesh Singh that he is son of Gyanideo Singh whereas alleged Chhotu Singh named in the FIR is the son of Birbal Singh and this petitioner is a passerby and received injury. It is submitted on behalf of other petitioners that no one has witnessed the occurrence and on mere hear say evidence, the FIR has been lodged. It appears that against petitioners Kundan Kumar Manda, Jitendra Kumar and Sefal Kumar Mandal there is no specific accusation in the FIR. Considering the fact that other accused Pankaj Tanti has been granted regular bail vide Cr. Misc. No. 4725 of 2012, this Court sees no reason for the learned court below not to give similar relief to the petitioners in case the petitioners surrender within six weeks from today in connection with Kharagpur P.S. Case no. 225 of 2011 pending in the court of C.J.M., Munger. These applications are disposed of with the aforesaid observation/direction. Let this order be transmitted through FAX at the cost of the petitioners. Anil/- (Dinesh Kumar Singh, 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.