Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.6383 of 2012 ====================================================== 1. Yugal Kishore Singh, 2. Ganesh Singh both S/o Late Sheoji Singh, 3. Digvijay Singh S/O Yugal Kishore Singh, 4. Abhay Kumar Singh S/O Yugal Kishore Singh, all Resident of Village- Narharpur, P.S.- Maraurah, District- Saran .... .... Petitioner/s Versus 1. The State Of Bihar 2. Vijendra Kumar Singh S/O Sri Uday Narayan Singh Resident Of Village- Narharpur, P.S.- Maraurah, District- Saran .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 2/ 05-07-2012 Supplementary Affidavit filed on behalf of the Petitioners be kept on record. The Petitioners seek quashing of the order dated 23.12.2011 passed in Marhaura P.S. Case No.216 of 2011 by the Chief Judicial Magistrate, Chapra, who while taking cognizance has issued notice to the Petitioners No.1 and 2 as to why bail granted to them be not cancelled after submission of charge-sheet under [STATUTE] . It is now established principle of law that even if subsequently charge-sheet is submitted under graver offence no cause for cancellation of bail simplicitor would be made out unless the accused persons in the meanwhile has misused the privilege of Patna High Court Cr.Misc. No.6383 of 2012 (2) dt.05-07-2012 2 / 2 2 bail. The Petitioners submit that they have not done so. In view of such, the order dated 23.12.2011 passed in Marhaura P.S. Case No.216 of 2011 by the Chief Judicial Magistrate, Chapra, to the extent of notice to the Petitioners No. 1 and 2 for cancellation of their bail is hereby quashed. The next submission that Petitioners No. 3 and 4 are juvenile shall be dealt with by the Court concerned if and when point is raised on their behalf. With the aforesaid observation/direction, the application is disposed off. JA/- (Anjana Prakash, J)

Applicable IPC Section: 308

Statute Text:
Section 308 of the Indian Penal Code. Attempt to commit culpable homicide. 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 culpable homicide not amounting to murder, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both; and, if hurt is caused to any person by such act, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.