Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.23730 of 2012 ====================================================== Zakiullah Khan @ Mintu S/O Ziaullah Khan Resident Of Mohalla- Chitti Kauri, Kanghaiya Tola, P.S- Khajekalan, Distt- Patna..... .... Petitioner Versus The State Of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 3 27-08-2012 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. Petitioner is one of the named accused in this case on being apprehended with country made pistol and cartridge in connection with Khajekalan P.S. Case no. 72 of 2012 instituted under [STATUTE] and 27 of the Arms Act and present case was instituted separately. Submission is of false implication and in earlier case wherein petitioner was though apprehended on 17.05.2012 but remanded on 24.05.2012 and he has already been released on bail therein. There is no explanation from either of two case diaries as to why petitioner was not remanded in both the cases simultaneously. Further, he carries no criminal antecedent except these two cases. If it is so, the petitioner is directed to be released on bail on furnishing bonds of Rs.10,000/- (Rupees ten thousand) 2 with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Patna City, in Khajekalan P.S. Case no. 73 of 2012, with the condition that the petitioner shall remain present before the court below on each and every date till the disposal of the case. In the event of failure to attend the Court on two consecutive dates without any reasonable explanation, the privilege granted shall be deemed to be cancelled. A.Ahmad/- (Akhilesh Chandra, 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.