Case Facts:
Patna High Court Cr.Misc. No.9052 of 2011 (2) dt.22-06-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.9052 of 2011 ====================================================== 1. Narayan Jha S/O Late Rajeshwar Jha Resident Of Village-Sagauna, Police Station- Raj Nagar, District- Madhubani. 2. Ram Chandra Jha S/O Shri Kapileshwar Jha Resident Of Village- Sagauna, Police Station- Raj Nagar, District- Madhubani. 3. Vibhash Chandra Jha S/O Shri Narayan Jha Resident Of Village- Sagauna, Police Station- Raj Nagar, District- Madhubani. 4. Ram Chandra Jha S/O Shri Kapileshwar Jha Resident Of Village- Sagauna, Police Station- Raj Nagar, District- Madhubani. 5. Lalan Jha S/O Shri Shiv Chandra Jha Resident Of Village-Sagauna, Police Station- Raj Nagar, District- Madhubani. 6. Madan Jha S/O Shri Shiv Chandra Jha Resident Of Village-Sagauna, Police Station- Raj Nagar, District- Madhubani. 7. Bhavindra Jha S/O Late Kul Kul Jha Resident Of Village-Sagauna, Police Station- Raj Nagar, District- Madhubani. .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Hemant Kr. Jha, Advocate For the Opposite Party/s : Mr. Anant Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 2 22-06-2012 Heard learned counsel for the petitioners and learned counsel for the State. In this case, petitioners are challenging the order dated 28.01.2011 passed by Additional Sessions Judge, Fast Track Court-I, Madhubani in S.T. No. 129 of 2010 by which the court below has refused to delete the [STATUTE] . from the charges. The counsel for the petitioners submits that the nature of the allegation and the injury does not make out a case of section Patna High Court Cr.Misc. No.9052 of 2011 (2) dt.22-06-2012 307 I.P.C. and the court below ought to have deleted that section and thereafter the case will be triable by the Magistrate. From the F.I.R. it appears that accused persons have assaulted and has used the deadly weapon against the informant and other persons which caused injury that has been mentioned in the order of the Sessions court. In view of the aforesaid allegation, this Court does not find any error in the order of the Sessions court. Accordingly, this petition is dismissed with the liberty to the petitioner to file an application at the appropriate state of the trial to show that there is no evidence to constitute the offence under [STATUTE] . If such application is filed, the court below will examine the case on merit and pass the order in accordance with law. Mahesh/- (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.