Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.7411 of 2012 ====================================================== Ashok Kumar Agarwal @ Ashok Agarwal .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 14-03-2012 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under [STATUTE] and section 27 of the Arms Act. It is alleged that on 5.10.2008, one constable and ten- twelve unknown persons came to the agricultural farm of Vijay Thakur which was objected to, on which three-four rounds of firings were made by Vijay Thakur when the other side also resorted to firing. It is further alleged that the firing resorted to by the police personnel caused injury to Vijay Thakur who subsequently succumbed to the injuries. After investigation, charge sheet was submitted on 20.7.2009 under [STATUTE] against one Raj Kumar when Patna High Court Cr.Misc. No.7411 of 2012 (2) dt.14-03-2012 2 / 3 2 in August, 2009 cognizance was taken. Thereafter, on 15.11.2010 the investigating agency filed two applications; one for permission to further investigate the case and the other for issuance of warrant against the petitioner. It is submitted by learned counsel for the petitioner that neither the petitioner was named in the FIR nor during trial his name sprang up and only chargesheeted accused has been granted bail vide Cr. Misc. No. 12235 of 2009 whereas the learned Sessions judge failed to consider the prayer for anticipatory bail of the petitioner on the ground that in Cr.WJC No. 1212 of 2010 it was directed for not taking any coercive step against the petitioner when the said criminal writ application has been disposed of on 24.1.2012. Considering the fact that the petitioner was not named in the FIR and only chargesheeted accused has been granted anticipatory bail, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Katihar in connection with Katihar Mufassil P.S. Case No. 122 of 2008 Patna High Court Cr.Misc. No.7411 of 2012 (2) dt.14-03-2012 3 / 3 3 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.