Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.9223 of 2012 ====================================================== 1. Dharmendra Patel S/O Chandrika Prasad Patel Resident Of Village- Shikta Khurd, P.S.- Shanichari, District- West Champaran (Bettiah) .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 29-02-2012 Learned counsel for the petitioner is permitted to make necessary correction in prayer portion. Heard learned counsel for the petitioner and learned counsel for the State. The petitioner seeks bail in connection with a case instituted for the offence punishable under [STATUTE] . It is submitted that the petitioner is innocent and has falsely been implicated in this case. He is neither named in the first information report nor has been identified by any of the passengers as a person who participated in commission of the crime. The only material on the basis of which he has been implicated in the present case is recovery of stolen mobile from his possession. It is contended that co-accused Dhurv Sao and Ramesh Patel came to his grocery shop and persuaded him to Patna High Court Cr.Misc. No.9223 of 2012 (2) dt.29-02-2012 2 purchase the mobile in question which he purchased on payment of Rs.700/- in cash. This fact had been disclosed to the police at the first instance when he was apprehended and his confessional statement was recorded on 2.1.2012. Beyond this, there is no material to connect the petitioner with the alleged offence. Investigation of the case is already over and charge sheet has been submitted. The petitioner has got no criminal antecedent. Be that as it may, considering the facts and circumstances of the case the petitioner named above 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 Railway Judicial Magistrate, Kiul in connection with Jhajha Railway P.S. Case No.60 of 2011 subject to the conditions (i) that both the bailors will be close relative of the petitioner who will give separate affidavit giving genealogy as to how they are related with the petitioner (ii) that the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him to disclose such facts to the court or to any other authority (iii) that he shall remain present before the court on the dates fixed for hearing of the case. If he wants to remain absent, then he shall take prior permission of the court and in case of Patna High Court Cr.Misc. No.9223 of 2012 (2) dt.29-02-2012 3 compelling and unavoidable circumstances for remaining absent, he shall immediately inform the court and request that he may be permitted to be present through counsel (iv) that liberty is given to the State to make an appropriate application for modifying/recalling the order granting bail, if for any reason, the petitioner violates any of the conditions imposed by this court. Md.S./- (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.