Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.3534 of 2012 ====================================================== Firoz Alam .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Md. Sufiyan, Advocate For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 23-02-2012 Heard learned counsel for the petitioner and the State. The petitioner is languishing in custody since 14.09.2011 in a case registered for the offences punishable under [STATUTE] and later on [STATUTE] . was also added. It is alleged against the petitioner that he assaulted the victim with lathi on the head. The victim died after 29 days of the occurrence. The others alleged to have assaulted by lathi on the other part of the body. There is second version of the occurrence also when one person died from the petitioner side also and two received injuries. The petitioner’s side case was registered at earlier point of time in which the deceased was also an accused. The postmortem report reflects one abrasion on the head though the death has been caused due to septicemia which according to the submission of the learned counsel for the petitioner developed in the leg of the deceased. Considering the fact that there is no accusation of repetition of blow and the victim died after 29 days of the occurrence and one person died from the petitioner side also, let Patna High Court Cr.Misc. No.3534 of 2012 (2) dt.23-02-2012 2 / 2 2 the above named petitioner be enlarged on bail, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of Chief Judicial magistrate, Gopalganj in connection with Gopalganj P.S. Case no. 268 of 2011. M.Rahman/- (Dinesh Kumar Singh, 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.