Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.649 of 2012 Santosh Kumar Yadav @ Santosh Kumar, Son of Sudhir Yadav of village Nayatola Sultanganj, Police Station Sultanganj, District – Bhagalpur at present Sahebganj Chanki Police Station – Lalmatia, District – Bhagalpur. Versus The State of Bihar ---------------------------------- 02/ 06.01.2012 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State. The petitioner seeks bail in connection with a case registered under [STATUTE] and Section 3 & 4 of the Explosive Substance Act. It is submitted that for the alleged occurrence which took place on 4.3.2007 the F.I.R. was instituted on the statement of the petitioner which was recorded on the same day at 10.00 p.m. in Jawahar Lal Nehru Medical College and Hospital, Bhagalpur. The petitioner has specifically named one Bambi Yadav and Anand Yadav to be the persons who had hurled bomb upon him causing injury to him. After more than three years of the institution of F.I.R. in course of investigation for the first time on 24.8.2011 the police filed a petition in the court of C.J.M., Bhagalpur seeking warrant of arrest against the petitioner. Subsequently the petitioner was arrested on 11.9.2011 and since then he is in custody. Considering the aforesaid facts, the petitioner is directed to 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 learned Chief Judicial 2 Magistrate, Bhagalpur in connection with Nathnagar (Lalmatia) P.S. Case No. 56 of 2007. DKS/ (Ashwani 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.