Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.45618 of 2012 ====================================================== 1. Md. Ishaque Ali @ Md. Ishahak Ali S/O Abdul Salam 2. Mofijul S/O Abid Ali 3. Md. Jahangir S/O Md. Abdul 4. Abdul Kalam S/O Md. Ishaque 5. Akhatar S/O Abid Ali 6. Sitabur Ali S/O Rustam Ali 7. Abdul Sattar S/O Rustam Ali 8. Mukhatar S/O Rustam Ali 9. Ataur Rahman S/O Late Bilayat Ali 10. Soyebur Ali S/O Late Bilayat Ali 11. Sahjahan @ Sahjan S/O Abid Ali 12. Abid Ali S/O Late Ramjan Ali 13. Abdul S/O Late Bilayat Ali 14. Rustam Ali S/O Late Ramjan Ali 15. Jaisul S/O Abdul Ali All are R/V - Simariya Daroga Tola, P.S. Korha, Distt. - Katihar .... .... Petitioners Versus The State Of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Sanjeev Kr. Singh, Advocate For the State : Mr. Atul Chandra, Advocate ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 2 17-12-2012 Learned counsel for the petitioner is permitted to make necessary correction in paragraph no.1 of this application. So far petitioner no.5 is concerned, learned counsel does not want to press this application in view of the fact that he has already been arrested. Accordingly, this application is dismissed as not pressed against the petitioner no.5. Patna High Court Cr.Misc. No.45618 of 2012 (2) dt.17-12-2012 2 / 3 2 Heard learned counsel for the petitioners and the State. Petitioners apprehend their arrest in connection with Korha P.S. Case No.273/12 filed under [STATUTE] and Section 27 of the Arms Act. Learned counsel for the petitioners submitted that for the same occurrence there is a counter case and in fact F.I.R. was lodged earlier on behalf of the petitioners’ side which is Korha P.S. Case No.262 of 2012 and, thereafter, the present case No.273 of 2012 has been lodged against the petitioners. It is also submitted that there is no specific allegation against most of the petitioners. Learned counsel appearing for the State has submitted that so far petitioner nos. 2 and 3 are concerned, there are specific allegations of assault causing grievous injury. So far petitioner no.1 is concerned, it is submitted that he is order giver. In the aforesaid facts and circumstances of this case and in view of the direct allegation upon petitioner nos. 2 and 3, the application for bail with respect to them is rejected. So far other petitioners are concerned, in view of the facts and circumstances of this case, in the event of Patna High Court Cr.Misc. No.45618 of 2012 (2) dt.17-12-2012 3 / 3 3 arrest/surrender before the court below within a period of six weeks from today in connection with Korha P.S. Case No. 273/2012, let the petitioners, namely, Md. Ishaque Ali @ Md. Ishahak Ali, Abdul Kalam, Sitabur Ali, Abdul Sattar, Mukhatar, Ataur Rahman, Soyebur Ali, Sahjahan @ Sahjan, Abid Ali, Abdul, Rustam Ali and Jaisul be released on bail on furnishing bail bond of Rs.10,000( Ten Thousand Rupees) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Katihar subject to the conditions as laid down under sub-section(2) of Section 438 of the Code of Criminal Procedure. Sanjay-II/- (Dr. Ravi Ranjan, 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.