Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.6247 of 2012 ====================================================== Rajesh Kumar Paswan .... .... Petitioner. Versus The State Of Bihar .... .... Opposite Party. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 05-03-2012 Heard learned counsels for the petitioner and the State. The petitioner is apprehending his arrest in a case registered for the offences punishable under [STATUTE] and 27 of the Arms Act. It is alleged that on instigation of Karma Paswan, Rakesh Paswan fired causing injury to the informant. It is submitted by learned counsel for the petitioner that the petitioner’s name is Rajesh Kumar Paswan, son of Sadanand Paswan, whereas accused name in the F.I.R. is Rakesh Paswan, son of Sadanand Paswan. It is further submitted that Rakesh Paswan was brother of this petitioner who died earlier. It is submitted that for occurrence of 21.05.2011, fardbeyan of the informant was recorded on 27.05.2011 which came to be registered as police Patna High Court Cr.Misc. No.6247 of 2012 (2) dt.05-03-2012 2 / 2 2 case on 22.03.2011. With regard to injury, opinion has been reserved whereas other accused Karma Paswan has been granted anticipatory bail vide Cr. Misc. no. 26793 of 2011 by this Court. Considering delayed lodging of the F.I.R. clouds the bonafide of accusation, let the petitioner, above named, be released on bail in the event of arrest or surrender before the learned court below within a period of twelve weeks from today in connection with Lodipur P.S. Case No. 39 of 2011 (G.R. No. 1428 of 2011) on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. Bhagalpur, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. U.K./- (Dinesh 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.