Case Facts:
Patna High Court Cr.Misc. No.40442 of 2011 (3) dt.31-01-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.40442 of 2011 ====================================================== 1. Vijay Sah @ Vijo Sah S/O Kallaer Sah Village Bharouli , P.S. Sonebarsha Kachahri, District Saharsa 2. Sitaram Sah S/O Kallaer Sah Village Bharouli , P.S. Sonebarsha Kachahri, District Saharsa 3. Khatter Sah Vijay Sah @Vijo Sah Village Bharouli , P.S. Sonebarsha Kachahri, District Saharsa 4. Babuan Sah S/O Vijay Sah @ Vijo Sah Village Bharouli , P.S. Sonebarsha Kachahri, District Saharsa 5. Sanjay Sah S/O Sitaram Sah Village Bharouli , P.S. Sonebarsha Kachahri, District Saharsa .... .... Petitioners Versus The State Of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) 03. 31-01-2012 Heard the parties. The petitioners are in custody in connection with Saharsa P.S. Case No. 119 of 2011 for offence punishable under [STATUTE] and subsequently Section 302 was added to the set out of allegations by reason of death of the brother of the informant. Learned counsel for the petitioners, with reference to the F.I.R. submits that the allegation made against the petitioners is general and omnibus in nature and all of them have been charged with assault on the brother of the informant. He further with reference to the postmortem report present at Annexure-2, submits that whereas four injuries have been mentioned on the Patna High Court Cr.Misc. No.40442 of 2011 (3) dt.31-01-2012 person of the deceased, the three of them are abrasions on other parts of the body and the fourth injury is on the scalp of the deceased. It is submitted that the allegation is omnibus and the petitioners are in custody since 4.8.2011. Regard being had to the submissions of learned counsel and having perused the materials on record, let the petitioners, namely, Vijay Sah @ Vijo Sah, Sitaram Sah, Khatter Sah, Babuan Sah and Sanjay Sah be released on bail upon each one of them individually furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa in connection with Saharsa P.S. Case no. 119 of 2011. S.Sb/- (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.