Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.37295 of 2011 ====================================================== 1. Sanjay Kumar @ Sanjay Das S/O Bharat Das, R/O Village - Nakta Diyara, P.S. Digha, District - Patna .... .... Petitioner Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Manoj Kumar, Adv. For the Opposite Party/s : Mr. Tarun Prasad Mandal, Addl. P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA) 2 27-01-2012 Heard. This is a second attempt on behalf of the petitioner for grant of anticipatory bail in a criminal prosecution registered under [STATUTE] . The prayer for anticipatory bail made on behalf of the petitioner was rejected by this Court by order dated 12.10.2011 passed in Cr. Misc. No. 34304 of 2011 (Annexure-1). It is contended that some other co-accused persons with almost similar and identical allegation have been granted either anticipatory bail or regular bail by the learned court below. It is further contended that though the petitioner is alleged to have assaulted the informant by a ‘garasa’ (a sharp cutting weapon) on his head and doctor had found sharp cut wound on the skull of the informant, but the injuries have been opined to be simple in nature. Be that as it may, in the facts and circumstances of the case, this Court is not inclined to accede to the prayer made on Patna High Court Cr.Misc. No.37295 of 2011 (2) dt.27-01-2012 2 / 2 2 behalf of the petitioner for grant of anticipatory bail for the second time. It is, accordingly, rejected. The points urged on behalf of the petitioner may be urged before the court below for grant of regular bail. It is expected that once the petitioner surrenders in the court below in connection with Digha P.S. Case No. 90 of 2011, pending in the court of the learned Chief Judicial Magistrate, Patna, within a period of four weeks from today and makes a prayer for regular bail, then the learned court below shall take into consideration all the materials available on record and shall pass an appropriate order in accordance with law. With the aforesaid observation/direction, the application stands disposed of. BTiwary/- (Birendra Prasad Verma, 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.