Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.9358 of 2012 ====================================================== 1. Sudhir Singh S/O Late Devki Singh, Resident of Village- Hasanpur, P.S- Balia, District- Begusarai., At present residing at village- Shadipur Karari, P.S- Balia, District- Begusarai. .... .... Petitioner/s Versus 1. The State Of Bihar 2. Naresh Singh @ Ram Naresh Singh S/O Late Surya Narayan Singh @ Shri Narayan Singh 3. Sunil Singh S/O Jahuri Singh 4. Uday Singh S/O Late Kuldeep Singh 5. Raj Kishore Singh S/O Late Anup Lal Singh 6. Bhushan Singh S/O Jagat Singh 7. Randhir Singh S/O Balo Singh All Resident Of Village- Hasanpur Diara, P.S- Balia, District- Begusarai. .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 2/ 17-07-2012 Heard. The Petitioner, who is the informant in Balia P.S. Case No.129 of 2007, seeks quashing of the order dated 27.08.2011 passed by the 1st Additional Sessions Judge, Begusarai, in Cr. Revision No.376 of 2010 in connection with Balia P.S. Case No.129 of 2007 by which he has affirmed the order dated 04.10.2010 by which the Judicial Magistrate, 1st class, Begusarai, has refused to commit the case to the Court of Sessions. The Petitioner submits that even though the prayer had been made before the Court below that since the facts Patna High Court Cr.Misc. No.9358 of 2012 (2) dt.17-07-2012 2 / 2 2 disclosed in the First Information Report made out a case under [STATUTE] and, therefore, the case should be committed to the Court of Sessions, but now he modifies his prayer that since counter case is being tried by the Court of Sessions, therefore, this case should also be heard by the same Court of Sessions hearing counter case. Since in the present application he has assailed the order impugned, I am not inclined to interfere in the matter. The application is dismissed. However, it will be open to the Petitioner to move the Court below and make a prayer that the present case be heard along with Balia P.S. Case No.128 of 2007 which arises out of the same transaction. JA/- (Anjana Prakash, 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.