Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.17305 of 2012 ====================================================== 1. Umesh Mehta 2. Jagdish Mehta .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 10-05-2012 Heard learned counsels for the petitioners and the State. The petitioners are apprehending their arrest in a case registered for the offences punishable under [STATUTE] . It is alleged against the petitioners that the petitioners were apprehended in Supaul P.S. Case No. 35 of 2012 registered on 25.01.2012 under [STATUTE] when petitioners escape from the custody. It is submitted by learned counsel for the petitioners that the petitioners at the relevant time were at the police station to lodged a case being Supaul P.S. Case No. 36 of 2012 on Patna High Court Cr.Misc. No.17305 of 2012 (2) dt.10-05-2012 2/3 25.01.2012 itself which was registered at 2.00 P.M. under [STATUTE] when the other side registered a case being Supaul P.S. Case No. 35 of 2012 at 1.00 P.M. on 25.01.2012 and police in connivance with the other side lodged the present case as the petitioners were never been apprehended and the present case has been registered making frivolous accusation. The registration of the case by the petitioners’ side and their adversary on 25.01.2012 and arrest of the petitioners were done on the same day clouds the bonafide of accusation particularly when petitioners’ case was registered subsequent to the case in which police claims to have arrested the petitioners. A statement has been made in para 10 that the petitioners have no criminal antecedent. Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties Patna High Court Cr.Misc. No.17305 of 2012 (2) dt.10-05-2012 3/3 of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sapaul n connection with Supaul P.S. Case No. 37 of 2012, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. DKS/ (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.