Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.15125 of 2012 ====================================================== 1. Md. Baseer S/O Md. Sageer Resident Of Village- Lahuar, P.S- Mahishi, District- Sahara. .... .... Petitioner/s Versus 1. The State Of Bihar 2. Md. Halim S/O Md. Jalil Resident Of Village- Lahuar, P.S- Mahishi, District- Saharsa 3. Md. Kari S/O Md. Jalil Resident Of Village- Lahuar, P.S- Mahishi, District- Saharsa 4. Md. Gholtan S/O Md. Jalil Resident Of Village- Lahuar, P.S- Mahishi, District- Saharsa 5. Md. Bechan S/O Md. Jalil Resident Of Village- Lahuar, P.S- Mahishi, District- Saharsa 6. Md. Subhan S/O Md. Halim Resident Of Village- Lahuar, P.S- Mahishi, District- Saharsa 7. Md. Jaggar S/O Md. Halim Resident Of Village- Lahuar, P.S- Mahishi, District- Saharsa 8. Md. Seraj S/O Md. Halim Resident Of Village- Lahuar, P.S- Mahishi, District- Saharsa 9. Md. Sattar S/O Md. Halim Resident Of Village- Lahuar, P.S- Mahishi, District- Saharsa .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Bhaskar Shankar, Advocate For the Opposite Party/s : Mr. Md. Fahim Uddin, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 2. 31-07-2012 The petitioner seeks quashing of the order dated 19.3.2012 passed by the Additional Sessions Judge, F.T.C. IIIrd, Saharsa in Sessions Trial No.21 of 2012, by which he has found the case fit u/ss.323, 325 I.P.C. for framing of charge against the Opposite Parties. It has been submitted that in the facts of the case the charge should be framed [STATUTE] (2) dt.31-07-2012 2 Since the High Court is not the charge framing Court, it should desist from passing any order in its regard. The Trial Court will consider the said submissions once again and pass an appropriate order at the stage of framing of charge, if the same has not been framed already. With these observations, the application is disposed off. Let the order be communicated to the court of Additional Sessions Judge, F.T.C. IIIrd, Saharsa in connection with Sessions Trial No.21 of 2012 arising out of Mahishi P.S. case No.19 of 2011 through FAX at the cost of the petitioner. Narendra/- (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.