Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.44335 of 2011 ====================================================== 1. Tana Bind son of Daroga Bind resident of village-Sahpur, PS- Bhagwanpur District-Kaimur(Bhabua) 2. Bhola Bind son of Late Chirkut Bind, 3. Tengachu Bind son of Late Chirkut Bind, 4. Shrawan Bind son of Bhulan Bind, 5. Kanhaiya Bind son of Nachak Bind 6. Sugriva Bind @ Sugrim Bind son of Nachak Bind 7. Arun Bind son of Late Muni Bind, 8. Pardeshi Bind son of Moti Bind 9. Yogi Bind son of Rajbansh Bind 10. Lal Muni Bind son of Guput Bind all resident of village-Bahuwan, PS- Sonhan, District-Kaimur (Bhabua) .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 2/ 10-02-2012 Heard learned counsel for the petitioners and the State. The petitioners seek anticipatory bail in a case instituted for the offence under [STATUTE] and section 27 of the Arms Act. Considering that the occurrence took place on assertion of fishery right and no one was injured in the present transaction as also petitioners have no criminal antecedents, it is ordered that the event of surrender/arrest of the petitioners, named above, within four weeks from the date of receipt/production of a copy of Patna High Court Cr.Misc. No.44335 of 2011 (2) dt.10-02-2012 2 / 2 2 this order in connection with Bhabua (Sonhan) P.S. Case No.277 of 2011, they shall be released on anticipatory bail on furnishing bail bond of Rs.5,000/- (five thousand) each with two sureties of the like amount each or any other surety to be fixed by the court below to the satisfaction of the Chief Judicial Magistrate, Kaimur at Bhabua, subject to the conditions as laid down under sections 438(2) Cr. P. C. and (i) That one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailors will undertake to furnish information to the court about any change in the address of the petitioners, (ii) That the affidavit shall clearly state that the petitioners are not accused in any other case and, if they are, they shall not be released on bail, (iii) That the bailors shall also state on affidavit that they will inform the court concerned if the petitioners are implicated in any other case of similar nature after their release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse, (iv) That the petitioners will give an undertaking that they will receive the police papers on the given date and be present on date fixed for charge and if they fail to do so on two given dates and delay the trial in any manner, their bail will be liable to be cancelled for reasons of misuse, and (v) That the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. JA/- (Anjana Prakash, 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.