Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.42497 of 2011 ====================================================== Rupesh Yadav, S/o Late Jallo Yadav, R/o Village- Singhia, P.S.- Nara Ram Nagar, District - Munger. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Nawal Kishore Singh, Advocate For the Opposite Party/s : Mr. Ram Priya Saran Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 3 14-03-2012 Heard the parties. The petitioner is in custody in connection with Sessions Trial No.158 of 2011 arising from Munger Muffasil P.S. Case No.14 of 2009 for the offences punishable under [STATUTE] and sections 25 (1-B) A, 26, 27 and 35 of the Arms Act. The petitioner is said to have been arrested during cross fire taking place between accused and police. Learned counsel for the petitioner submits that in absence of any injury report of any of the police personnel the allegation set out under [STATUTE] is not made out against the petitioner. He further submits that for the alleged recovery of double barrel gun with 2 fired cartridges, the petitioner is in custody since 1.2.2011. Regard being had to the submission of learned counsel and the materials on record, let the petitioner, namely, Rupesh Yadav be released on bail on furnishing bail bonds of Rs.10,000 (ten thousand) with two sureties of the like amount each to the satisfaction of Sri V.K. Singh, Additional District Judge, F.T.C.-III, Munger in connection with Sessions Patna High Court Cr.Misc. No.42497 of 2011 (3) dt.14-03-2012 2 Trial No.158 of 2011 arising out of Munger Muffasil P.S. Case No.14 of 2009 subject to the condition that the petitioner shall ensure his representation before the trial court on each and every date fixed in the trial and failure on the part of the petitioner to ensure his representation on two consecutive dates fixed in the trial without reasonable explanation to the satisfaction of the trial court, would entitle the court concerned to cancel the bail bonds of the petitioner and to take him into custody. SKPathak/- (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.