Case Facts:
Patna High Court Cr.Misc. No.25227 of 2012 (2) dt.19-07-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.25227 of 2012 ====================================================== 1. Sudhir Mahto S/O Juhi Mahto 2. Medni Mahto S/O Juhi Mahto .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 2 19-07-2012 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners are in jail custody since 05.05.2012 in a case registered under [STATUTE] on the charges that on account of land dispute, petitioner no. 1 gave one lathi blow on the head of informant whereas petitioner no. 2 and one co-accused Juhi Mahto assaulted the informant’s son with lathi. The impugned order reveals that informant has sustained grievous injury on her head whereas her son sustained simple injury. It further appears from perusal of the impugned order that informant sustained lacerated wound on front part of scalp measuring 3”x1/8”x scalp deep. So the aforesaid fact reveals that doctor opined in respect of nature of the injury on the ground that the aforesaid wound was found scalp deep and it appears that Patna High Court Cr.Misc. No.25227 of 2012 (2) dt.19-07-2012 there was no fracture on the head of the injured. Moreover, one co-accused Juhi Mahto has already been granted bail. Considering the aforesaid facts and circumstances as well as period of detention of the petitioners in jail custody, let the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Sheikhpura in connection with Chewara P.S. Case No. 13 of 2011. 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.