Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.46697 of 2012 ====================================================== Rajesh Sah , son of Madhav Lal Sah, Resident of Village – Lakhnaura, P.S. – Basantpur, District - Siwan. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2 19-12-2012 Heard Mr. Javed Aslam, learned counsel for the petitioner and learned Additional Public Prosecutor. The sole petitioner, who apprehends his arrest in Basantpur P.S. Case No. 158 of 2011, registered for the offence under [STATUTE] , has prayed for bail in the event of his arrest or surrender. It was submitted by learned counsel for the petitioner that in the present case F.I.R. was lodged by the Officer – in – Charge of Basantpur Police Station against 23 F.I.R. named accused persons, in which it was stated that mob of about five thousand people had apprehended a lady on an allegation that she was child lifter and while Police arrived and tried to save her, the mob attacked the Police and also assaulted the lady. He submits that petitioner’s name has not figured in the accused column of the F.I.R. However, in the body of the F.I.R. name of petitioner Patna High Court Cr.Misc. No.46697 of 2012 (2) dt.19-12-2012 2/2 has also been mentioned. Keeping in view the nature of accusation and the fact that mob of about five thousand villagers had participated in the occurrence, the court is of the opinion that petitioner can be extended privilege of anticipatory bail. Let the petitioner above named , be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan, in connection with Basantpur P.S. Case No. 158 of 2011, in the event of his arrest or surrender, in terms of conditions contained in Section 438(2) of the Cr.P.C. The petitioner must surrender before the court below by last week of January, 2013, failing which, this order will loss its effect. Praful/- (Rakesh Kumar, 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.