Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.32341 of 2012 ====================================================== 1. Shekhar Yadav, Son of Lakhan Yadav. 2. Mantu Yadav, Son of Shekhar Yadav. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 2 18-09-2012 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. Both the petitioners, who are languishing in custody, seek bail in a case registered under [STATUTE] and Section 27 of the Arms Act. In this case of the year 2001, petitioners are named accused with allegation of accompanying co-accused Birju Yadav, who shot at the informant’s brother. Submission is of false implication and after investigation police exonerated the petitioners, submitted charge-sheet only against co-named accuse, but cognizance was taken taking a different view against the petitioners also, but at no point of time earlier any notice, summon, warrant and process etc. were executed and petitioners only on getting information recently applied for privilege under Section 438 of the Code of Criminal Procedure, which was turned down, hence are in custody since surrender. Having regard to the facts and circumstances of the case, subject to verification and only on finding that at no point of time any notice, summon, warrant and process etc. was duly served upon the petitioners, the petitioners above named are directed to be released on bail on furnishing bail bonds of Rs.10,000/-(Rs. Ten Thousand) each with two sureties of the Patna High Court Cr.Misc. No.32341 of 2012 (2) dt.18-09-2012 2 like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai in connection with Lakhisarai P.S. Case No. 184 of 2001, subject to condition to remain physically present before the court below on each and every date till disposal of the case and in case of failure on two consecutive dates without giving any reasonable explanation, the privilege granted shall be deemed to be cancelled. Praveen-II/- (Akhilesh Chandra, 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.