Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.40988 of 2011 ====================================================== Barku Marandi, S/o Jugal Marandi @ Jaga Marandi, resident of Village- Rakt Rahaniya , P.S.- Jhajha , District - Jamui. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. S.C. Mitra, Advocate For the Opposite Party/s : Mr. Ram Naresh Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 5 16-02-2012 Heard the parties. The petitioner is in custody in connection with Jhajha P.S. Case No.59 of 2010 for the offences punishable under [STATUTE] , Section-17 of the Criminal Law Amendment Act and the provisions of the U.P.A. Act. Allegation against this petitioner is of forming unlawful assembly with 20-25 extremists who not only assaulted the husband and the younger son of the informant but also chopped of the head of the elder son of the informant, namely, Arun Yadav. Learned counsel for the petitioner submits that whereas the informant and other witnesses to the occurrence have identified this petitioner by name along with some others but none of them have stated that the alleged act of chopping of the head of the son of the informant, was carried out by this petitioner, rather the allegation is against the other extremists. He thus submits that the only allegation against the petitioner is of forming an unlawful assembly along with the alleged extremists. Considering the submissions of learned counsel and having Patna High Court Cr.Misc. No.40988 of 2011 (5) dt.16-02-2012 2 perused the materials on record, let the petitioner, namely, Barku Marandi be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Jamui in connection with Jhajha P.S. Case No.59 of 2010 subject to the following conditions: (i) The petitioner shall accept the police papers on the given date and shall present himself on the date fixed for charge and if the petitioner defaults on two consecutive dates fixed for such purpose, the learned court below shall be at liberty to take steps for cancellation of the bail bonds of the petitioner and to take him into custody. (ii) The petitioner shall ensure his representation before the court below on each and every date fixed in the case and failure on the part of the petitioner to ensure his representation on two consecutive dates fixed in the case without any reasonable explanation to the satisfaction of the court below, would entitle the court concerned to cancel the bail bonds of the petitioner and to take him into custody. SKPathak/- (Jyoti Saran, 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.