Case Facts:
Patna High Court Cr.Misc. No.39814 of 2012 (2) dt.31-10-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.39814 of 2012 ====================================================== 1. Diwakar Kumar Singh @ Diwakar Singh @ Mahesh Sah S/O Balram Singh @ Balram Sah .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Kumar Praveen For the State : Mr. Ram Priya Sharan Singh (A.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 2 31-10-2012 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is in jail custody since 29.01.2012 in a case registered under [STATUTE] . The contention on behalf of the petitioner is that having more or less similar allegation, co-accused Mukesh Kumar Sah @ Pintu Sah has already been granted privilege of bail by this Court vide order dated 19.09.2012 passed in Cr. Misc. No. 34065 of 2012. It is also contended by him that petitioner does not have any criminal antecedent. 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 Patna High Court Cr.Misc. No.39814 of 2012 (2) dt.31-10-2012 two sureties of the like amount each to the satisfaction of 1st Additional Sessions Judge, Samastipur in connection with Sessions Trial No. 205 of 2012/111 of 2012 arising out of Samastipur Rail P.S. Case No. 09 of 2012. SHAHZAD/- (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.