Case Facts:
Patna High Court Cr.Misc. No.4847 of 2012 (2) dt.01-02-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.4847 of 2012 ====================================================== Awadhesh Yadav, son of Kailash Yadav, resident of village Garhpur near Surja Mandir Nawada, P.S. Nawada Town, district Nawada .... .... Petitioner Versus The State Of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Gauri Shanker, Adv. For the Opposite Party : Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER (Per: HONOURABLE MR. JUSTICE GOPAL PRASAD) 2 01-02-2012 Heard learned counsel for the petitioner and the State. This is a petition for grant of regular bail for offence under [STATUTE] . The occurrence took place with regard to the explosion of crackers in front of the house of the informant by the children and there is allegation that there was verbal and physical altercation and assault by lathi and garasa. The learned counsel for the petitioner submits that the petitioner has not been named in the first information report, but, there is no specific allegation of assault by this petitioner. This is a case of case and counter case. However, the injury sustained on the person of the informant and there is no specific overt act against the petitioner, who is in jail since 26.10.2011. Hence, having regard to the facts and circumstances, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Nawada Town P.S. Case No. 515 of 2011 to the satisfaction of Chief Judicial Magistrate, Nawada. SA/- (Gopal Prasad, 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.