Case Facts:
Patna High Court Cr.Misc. No.38758 of 2012 (2) dt.11-10-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.38758 of 2012 ====================================================== 1. Molazim Mian S/O Nabi Rasool Mian Resident Of Village Kamal Pipra, P.S. Paharpur, District East Champaran. 2. Alijan Mian S/O Nabi Rasool Mian Resident Of Village Kamal Pipra, P.S. Paharpur, District East Champaran. 3. Safrez Mian S/O Naimuddin Mian Resident Of Village Kamal Pipra, P.S. Paharpur, District East Champaran. .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.39016 of 2012 ====================================================== 1. Jalil Mian S/O Sadique Mian Resident Of Village- Kamal Pipra, P.S.- Paharpur, District- East Champaran 2. Majahar Mian S/O Samsur Mian Resident Of Village- Kamal Pipra, P.S.- Paharpur, District- East Champaran 3. Nasruddin Mian S/O Ish Mohammad Mian Resident Of Village- Kamal Pipra, P.S.- Paharpur, District- East Champaran .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 11-10-2012 At the outset, it is submitted that petitioner no. 1 Jalil Mian in Cr. Misc. No. 39016 of 2012 has already been arrested, hence, this application has become infructuous so far as it relates to petitioner Jalil Mian. Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case Patna High Court Cr.Misc. No.38758 of 2012 (2) dt.11-10-2012 registered for the offences punishable under [STATUTE] . It is specifically alleged that accused Jamil Mian assaulted the informant’s brother by farsa, Majahar Mina assaulted Jamaluddin and the nephew of the informant with spear. Nasruddin Mian assaulted the sister in law of the informant with garasa. All the three injured have received one grievous injury each. It is submitted that there is counter version of the occurrence also and the petitioners’ side have also received injury. Considering the specific accusation of assault against Majhar Mian and Nasruddin Mian, let the learned court below consider their regular bail in case they surrender within six weeks from today in connection with Paharpur P.S. Case no. 157 of 2012 pending in the court of learned C.J.M., East Champaran at Motihari. So far as other petitioners, namely, Molazim Mian, Alijan Mian and Safrez Mian are concerned, let them be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Patna High Court Cr.Misc. No.38758 of 2012 (2) dt.11-10-2012 CJM, East Champaran at Motihari in connection with the aforementioned case subject to the conditions as laid down under Section 438(2) Cr.P.C. Anil/- (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.