Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.19123 of 2011 ====================================================== 1. Alirakhe Mian, S/O Late Ebrahim Mian, Resident of Village- Behari, P.O.- Behari, Bankatwa, P.S.- Sikta, District- West Champaran 2. Heyat Mian, S/O Alirakhe Mian, Resident of Village- Behari, P.O.- Behari, Bankatwa, P.S.- Sikta, District- West Champaran 3. Hamraj Mian, S/O Alirakhe Mian, Resident of Village- Behari, P.O.- Behari, Bankatwa, P.S.- Sikta, District- West Champaran 4. Bhulan Mian, S/O Alirakhe Mian, Resident f Village- Behari, P.O.- Behari, Bankatwa, P.S.- Sikta, District- West Champaran .... .... Petitioner/s Versus 1. The State Of Bihar 2. Fariyad Hussain, S/O Late Kurban Mian, Resident of Village- Lal Parsa, P.O.- Behari Bankatwa, Police Station- Sikta, District- West Champaran .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Chandra Mohan Jha, Advocate. For the Opposite Party/s : Mr. Gul Mohar Begum, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 2 11-12-2012 Heard learned counsel for the petitioners and learned counsel for the State. This application has been filed for quashing the order dated 6.5.2011 passed in S.T. No.464 of 2010, arising out of Sikta P.S. Case No.29 of 2009 by the learned Additional District & Sessions Judge, F.T.C. No.IV, Bettiah by which he has refused to discharge the petitioners from [STATUTE] . From the record it appears that the petitioner used fire arms with an intention to kill the informant. This Court Patna High Court Cr.Misc. No.19123 of 2011 (2) dt.11-12-2012 2 does not find any error in the impugned order as the court below has found sufficient material for framing of charge under [STATUTE] . Accordingly this application is dismissed with a liberty to raise all points 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.