Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.2654 of 2011 ====================================================== 1. Raj Kishore Sah, son of Sita Sah 2. Ranjit Rai, son of Vijay rai 3. Pawan Chaurasiya, son of late Bujhawan Chaurasiya, residents of Village-Sirsiya, P.S. Bela, District- Sitamarhi. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Virendra Kumar, Advocate. For the Opposite Party/s : Mr. Bipin Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 3 05-03-2012 Heard learned counsel for the petitioners and learned counsel for the State. This application has been filed for quashing the order dated 13.10.2006 passed by the learned Chief Judicial Magistrate, Sitamarhi in Bela P.S. Case no.43 of 2006, Tr. No. 563 of 2006 by which the learned Magistrate has taken cognizance against the petitioner for the offences under [STATUTE] and 27 of the Arms Act which was challenged before the revisional court who has affirmed the order of the trial court. At this stage this Court does not want to look into the defence of the petitioner. The application is Patna High Court Cr.Misc. No.2654 of 2011 (3) dt.05-03-2012 2 / 2 2 dismissed. However, the petitioner will be at liberty to raise all the points before the trial court at time of framing of the charge. 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.