Case Facts:
Patna High Court Cr.Misc. No.16947 of 2012 (4) dt.17-07-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.16947 of 2012 ====================================================== Balram Chaudhary .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 04/ 17.07.2012 Counter affidavit is filed on behalf of the informant. Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State assisted by learned counsel for the informant. Petitioner is in jail custody since 27.1.2010 in a case registered under [STATUTE] and 27 of the Arms Act. It would appear from perusal of the first information report that petitioner is named in the first information report but no specific overt-act has been attributed against him and it is stated that he was present at the time of the alleged occurrence having fire arms in his hand. Learned counsel for the petitioner submits that in course of investigation, the aforesaid statement has been supported by the informant but in course of trial, he changed his statement and stated that this petitioner, too, fired at the time of alleged occurrence. Learned counsel for the informant points out that petitioner is a notorious criminal and three cases have been registered against him and it is also pointed out by him that brother and father of the present informant have been killed by the petitioner and his associates. Patna High Court Cr.Misc. No.16947 of 2012 (4) dt.17-07-2012 So, in the aforesaid circumstances, petitioner does not deserve the privilege of bail. Considering the aforesaid facts and circumstances as well as submissions of the parties, particularly, keeping in mind the allegation levelled against the petitioner in the present case, let the petitioner, Balram Chaudhary, be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Addl. Sessions Judge FTC No. V, Begusarai in Sessions trial no. 344/2010 arising out of Samho P.S. Case no. 19/2009. Shahid (Hemant Kumar Srivastava,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.