Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.20434 of 2012 ====================================================== 1. Manoj Sah S/O Late Bhutki Sah, Resident of Village- Khaira, P.S- Amarpur, District-Banka. 2. Ranjit Sah S/O Sahdeo Sah, R/O Village- Narayanpur, P.S- Bihpur, District- Banka. .... .... Petitioners. Versus 1. The State of Bihar .... .... Opposite Party ====================================================== PRESENT: HONOURABLE MR. JUSTICE S.N. HUSSAIN ORDER 3 06-06-2012 Heard learned counsel for the petitioners and learned counsel for the State. Petitioners are accused for offences punishable under [STATUTE] . Learned counsel for the petitioners submits that the allegation against petitioner no.1 is that he had assaulted the informant, his brother and father, whereas allegation against petitioner no.2 is that he assaulted the brother of the informant. Learned counsel for the petitioners further submits that the injury reports (Annexure-2 series) show that the injuries upon the informant were simple in nature caused by hard and blunt substance, whereas injuries upon the informant’s brother are all simple in nature, whereas there was no injury on the father Patna High Court Cr.Misc. No.20434 of 2012 (3) dt.06-06-2012 2 / 2 2 of the informant. Learned counsel for the petitioners also avers that the entire allegation is absolutely frivolous and the petitioners have been implicated due to village politics. Learned counsel for the petitioners further contends that the petitioners have got no criminal antecedents, except a proceeding under Section 107 of the Code of Criminal Procedure. In the aforesaid facts and circumstances, this petition is allowed. Let petitioners above named be released on bail on furnishing bail bond of Rs.10,000.00 (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Banka in connection with Amarpur P.S. Case No.227 of 2011. Sunil/- (S.N. Hussain, 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.