Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.127 of 2012 Janardan Yadav, S/o late Doman Yadav, resident of village-Gopalpur P.S. Industrial Area Zero Mile, District- Bhagalpur Versus 1. State of Bihar 2. Naresh Yadav S/o late Sadoli Yadav 3. Budha Devi, W/o Naresh Yadav 4. Rurki Yadav, S/o Naresh Yadav 5. Muski Yadav, S/o Naresh Yadav ---------------------------------- 02. 06.01.2012 The petitioner has questioned the order dated 27.05.2010 passed by the 3rd Additional District and Sessions Judge, Bhagalpur in Sessions Case Nos. 505 of 2010 and 506 of 2010 arising from Industrial P.S. Case No. 31 of 2009, whereby the learned 3rd Additional District and Sessions Judge while holding that there were insufficient evidence for making out a case under [STATUTE] against the accused, was pleased to remit the matter to the court of the Chief Judicial Magistrate as the other offences were triable by a Magistrate. Mr. Vikram Singh, learned counsel for the petitioner, after strongly contesting the order passed by the learned 3rd Additional District and Sessions Judge, Bhagalpur, sought permission to withdraw the application with a liberty to raise all the issues as raised in the present application at the stage of trial before the Magistrate as according to him there was sufficient evidence available for constituting an offence punishable under [STATUTE] and which offence is triable by a court of sessions. Permission is allowed. The application stands disposed of with the liberty aforesaid. S.Sb/- (Jyoti Saran, 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.