Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.44193 of 2011 Ajit Roy, S/O-Satto Roy Versus The State Of Bihar ---------------------------------- 02 10.01.2012 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is in jail custody since 11.07.2011 in a case initially, registered under [STATUTE] but later on, [STATUTE] was also added. Allegedly, petitioner along with other first information report named accused persons mercilessly beaten up the deceased and at the time of the alleged occurrence petitioner was armed with iron rod but submission on behalf of the petitioner is that altogether 12 persons are named in the first information report with allegation of assault but deceased has sustained only one injury which is evident from perusal of Annexure-2, the Photostat copy of post-mortem report of the deceased. Considering the aforesaid facts and circumstances as well as submissions of the parties, particularly, keeping in mind that no specific overt-act has been attributed against the petitioner and the deceased has sustained only one injury on his head, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to 2 the satisfaction of Chief Judicial Magistrate, Samastipur in connection with Kalyanpur P.S. Case No. 92 of 2011. SHAHZAD ( Hemant Kumar Srivastava, 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.