Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.19745 of 2011 ====================================================== 1. Markandey Tiwari, son of late Dukhi Tiwari 2. Kamlesh Tiwari alias Manoj Tiwari, son of Markandey Tiwari 3. Pawan Kumar Tiwari alias Kantu Tiwari, son of Markandey Tiwari 4. Vimlesh Tiwari, son of Markandey Tiwari, all are resident of Village- Amadhi, P.S. Sonhan, District- Kaimur (Bhabua) .... .... Petitioner/s Versus 1. The State of Bihar 2. Fulan Tiwari, son of late Dukhi Tiwari, resident of Village- Amadhi, P.S. Sonhan, District-Kaimur (Bhabua) .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Kumar Sunil, Advocate. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 2 12-12-2012 Heard learned counsel for the petitioners and learned counsel for the State. This application has been filed for quashing the order dated 5.4.2011 passed in Bhabua P.S. Case No.459 of 2008, G.R. No.1716 of 2008, S.T. No.467 of 2010/3 of 2011 by the learned Ist Additional Sessions Judge, Kaimur (Bhabua) by which the court below has refused to discharge petitioners from [STATUTE] . After some argument, learned counsel for the petitioners seeks permission to withdraw this application with a liberty to raise all points at the appropriate stage. Permission is accorded. Accordingly this Patna High Court Cr.Misc. No.19745 of 2011 (2) dt.12-12-2012 2 application is dismissed as withdrawn with the aforesaid liberty. 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.