Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.37247 of 2010 ====================================================== 1. Guddu Singh 2. Mantun Singh 3. Santosh Singh, All are sons of Ramkaran Singh 4. Pankaj Kumar Singh, Son of Hemant Singh @ Bhushan Singh 5. Hemant Singh @ Bhushan Singh, Son of not known, All are residents of Village- Panhas, P.S. Nagar, District- Begusarai .... .... Petitioner/s Versus 1. Alok Kumar Agrawal , Son of K.D.N. Agrawal, resident of Mungeriganj, P.S. Nagar, District-Begusarai 2. The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER ------------------ 3 27-04-2012 Heard Sri Binod Gautam, learned counsel for the petitioners and Sri Ajay Kumar no.2, learned Addl. Public Prosecutor. In the present petition, which has been filed under Section 482 of the Code of Criminal Procedure, petitioners have prayed for quashing of an order dated 10.08.2010 passed by learned Fast Track Court-V, Begusarai in Sessions Trial No.291 of 2010, whereby the learned trial court has rejected the petition filed by the petitioners under Section 228(1)(a) of the Code of Criminal Procedure for remitting back the case to the Judicial Magistrate on the ground that offence under [STATUTE] was not made out. Patna High Court Cr.Misc. No.37247 of 2010 (3) dt.27-04-2012 2 / 2 2 From the materials available on record, there is nothing to show that offence under [STATUTE] is not made out. From the impugned order, it is evident that the learned court below on the basis of materials available on record has rejected the petition. I do not find any ground for interference with the impugned order. However, the petitioner would be at liberty to take all defence at the appropriate stage. The petition stands disposed of. NKS/- (Rakesh Kumar, 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.