Case Facts:
Patna High Court Cr.Misc. No.6302 of 2012 (2) dt.16-02-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.6302 of 2012 ====================================================== 1. Krishna Nand Yadav @ K.N. Singh S/O Chandrika Prasad @ Chando Yadav .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 2 16-02-2012 Power is filed on behalf of the informant. Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is in jail custody since 06.01.2012 in a case registered under [STATUTE] . Allegedly, petitioner along with other first information report named accused persons assaulted the injured with iron rod and butt of pistol and also snatched rupees one lac ten thousand from him. The contention of learned counsel for the petitioner is that there is case and counter case between the parties and, as a matter of fact, on the alleged date of occurrence, the informant and his associates entered into the house of the petitioner and pressurized the petitioner and others to withdraw the case which Patna High Court Cr.Misc. No.6302 of 2012 (2) dt.16-02-2012 had earlier been lodged against the prosecution party. It is further contended by him that when the petitioner and other co-accused refused to buckle upon the pressure, the prosecution party assaulted the petitioner and others for which Bihar P.S. Case No. 04 of 2012 was registered. It is further contended by him that informant has received simple injuries except two injuries which have been found on his hand and leg. So, even if, the aforesaid facts assumed to be true, then also, at best, a case under [STATUTE] is made out. It is further contended by him that so far as the snatching of money is concerned, the same is nothing but only an exaggeration with a view to make the offence graver and moreover, nothing has been recovered either from possession of the petitioner or from possession of other co- accused persons. Learned counsel appearing for the informant, vehemently, opposed the prayer pointing out that the police was in collusion with the petitioner and other accused and, as a matter of fact, the informant had earlier filed a petition against the petitioner and his other family members before the Hon’ble Governor of this State and when the Hon’ble Governor directed the concerned police officials to look into the matter, the police, in collusion with the petitioner and his associates, lodged false cases against the Patna High Court Cr.Misc. No.6302 of 2012 (2) dt.16-02-2012 informant and his family members and also minimized the present case. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner 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 Chief Judicial Magistrate, Nalanda at Bihar Sharif in connection with Bihar P.S. Case No. 03 of 2012. SHAHZAD/- (Hemant Kumar Srivastava, J)

Applicable IPC Section: 308

Statute Text:
Section 308 of the Indian Penal Code. Attempt to commit culpable homicide. 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 culpable homicide not amounting to murder, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both; and, if hurt is caused to any person by such act, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.