Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.31109 of 2011 ====================================================== Muni Lal Mandal, son of Sri Bhumi Mandal resident of Athgama, P.S.Ghogha, District-Bhagalpur .... .... Petitioner Versus The State Of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Praveen Kumar, Adv. Mr.Nihar Nandan Ambastha, Adv. For the Opposite Party : Mr. Kumari Priya Ranjan, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 5 07-02-2012 Heard learned counsel for the parties. The petitioner is in custody in connection with Sabour P.S. Case No.27 of 2010 for the offences punishable under [STATUTE] and Section 27 of the Arms Act. Section 302 was added to the set of charges after the death of the informant. The allegation against the petitioner and one Gore Lal Mandal is of causing gunshot injury to the informant. It is alleged that whereas the gunshot fired by this petitioner hit her over her right eyebrow. The shot fired by co-accused Gore Lal Mandal hit her on the back side. The informant subsequently succumbed to her injuries. Learned counsel for the petitioner submits that there is no post mortem report in the present case and that the injury found over the right eyebrow of the informant is in the nature of lacerated wound and is not in the nature of firearm injury. He further with reference to the supplementary injury report placed at Annexure-2 series submits that the evidence of a bullet is found near the vertebra of the deceased as reflected from the X- ray. It is further stated that no bone fracture was found in the scalp. Patna High Court Cr.Misc. No.31109 of 2011 (5) dt.07-02-2012 2 Learned counsel thus submits that the bullet injury if any being on the spinal portion of the deceased, the same can only be attributed to the co-accused, Gore Lal Mandal and not to the petitioner. He further submits that the supplementary injuries report further mentions that injury Nos.1 and 3 over the right eyebrow and the face of the deceased were caused by hard and blunt substance and was simple in nature. Having heard learned counsel for the parties and having perused the materials on record, let the petitioner namely, Muni Lal Mandal be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhagalpur in connection with Sabour P.S. Case No. 27 of 2010. Bibhash (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.