Case Facts:
Patna High Court Cr.Misc. No.30459 of 2012 (2) dt.22-08-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.30459 of 2012 ====================================================== The State Of Bihar .... .... Petitioner/s Versus 1. Bugal Prasad @ Mulayam Singh Yadav 2. Naresh Prasad @ Naresh Yadav Both sons of Ram Swaroop Prasad Resident of Village- Muhgay, P.S- Sirdalla, District- Nawadah, .... .... Opposite Party/s CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 22.08.2012 Heard learned Addl. Public Prosecutor for the State and perused the record. This petition has been filed for cancellation of bail granted to the petitioners vide order dated 5.3.2012 passed in Cr. Misc. no. 4713/2012. Learned Addl. Public Prosecutor appearing for the State points out that petitioners were released on bail on 5.3.2012 in a case registered under [STATUTE] but after release from judicial custody they again committed offence for which Sirdalla P.S. Case no. 52/2012 was registered under [STATUTE] . Learned Addl. Public Prosecutor further submits that the aforesaid petitioners have misused the privilege of bail and therefore, their bail granted by this court vide order dated 5.3.2012 passed in Cr. Misc. no. 4713/2012 should be cancelled in view of the decision of the Apex Court of the country. I am not at all convinced with the submissions of learned Addl. Public Prosecutor. Patna High Court Cr.Misc. No.30459 of 2012 (2) dt.22-08-2012 No doubt, one Sirdalla P.S. Case no. 52/2012 has been lodged against the petitioners and other accused persons but admittedly, the aforesaid case has been registered under [STATUTE] whereas petitioners were earlier made accused in Sirdalla P.S. Case no. 126/2011 which had been registered under [STATUTE] and, therefore, it can not be said that petitioners repeated same and similar offence. In view of the aforesaid discussions, this cancellation petition stands dismissed. Shahid (Hemant Kumar Srivastava,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.