Case Facts:
Patna High Court Cr.Misc. No.40077 of 2012 (2) dt.08-11-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.40077 of 2012 ====================================================== 1. Chatarbhuj Singh S/O Late Uchitlal Singh R/O Vill. - Bindtoli Kadwa, P.S. Dholbajja, Distt. - Bhagalpur .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 2 08-11-2012 Heard the learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner is an accused in Dholbajja (Kadwa) P.S. Case No. 06/2012 registered for the offence punishable under [STATUTE] and section 27 of the Arms Act and 3(x) of the SC/ST Act. It is submitted that allegation is that while informant was going by motor cycle driven by Vishal Paswan, petitioner and one Lal Bahadur Singh shot fire as a result of which the informant sustained injury. The informant came to J.L.N.M.C. Hospital, Bhagalpur where his Fardbeyan was recorded by S.I. M.K. Sinha, the S.H.O., Parbatta P.S. at 11.45 A.M. on 29.02.2012. It is submitted that petitioner has been falsely implicated due to previous grudge. The police official, who has Patna High Court Cr.Misc. No.40077 of 2012 (2) dt.08-11-2012 recorded the Fardbeyan, has no jurisdiction to record the Fardbeyan because the place of occurrence is not at Parbatta. He has further submitted that as per the injury report there is only one injury caused by fire arm. It also appears from the order of the learned 5th Additional Sessions Judge, Naugachhia that apparently the occurrence appears to be suspicious. Conduct of the police officer is suspicious and the Superintendent of Police, Naugachhia has been directed to enquire into the conduct of the aforesaid S.I. M.K. Sinha who had recorded the Fardbeyan of the informant at the hospital at Bhagalpur. Petitioner has been in custody since 15.05.2012. Learned counsel for the State could not controvert the contention of the learned counsel for the petitioner while opposing his prayer for bail. Considering the facts and circumstances of this case, the above named petitioner is directed to 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 Additional Chief Judicial Magistrate, Naugachhia in Dholbajja (Kadwa) P.S. Case No.06 of 2012 with the following conditions: 1. One of the bailors will be the close relative of the petitioner. Patna High Court Cr.Misc. No.40077 of 2012 (2) dt.08-11-2012 2. The petitioner will not indulge in similar or in any other offence. 3. The petitioner will be well represented in the court. 4. In case of absence for two consecutive dates or in violation of the terms of the bail, his bail bond will be liable to be cancelled by the concerned court and he will be taken into custody. Amin/- (Amaresh Kumar Lal, 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.