Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.41089 of 2012 ====================================================== Niwas Kumar S/o Sri Deo Nandan Singh R/O,Vill.-Fatehpur,P.S.- Fatehpur,Dist.-Gaya .... .... Petitioner Versus The State Of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 3 10-12-2012 Supplementary affidavit has been filed. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. Petitioner is one of the named accused in this case on being apprehended with some articles and different ATM cars etc. said to be used in purchase of majority of the articles and apart from the same a few more articles, as mentioned in seizure list, have been recovered from the possession of the petitioner and during simultaneous raids conducted in the house of co-accused. Submission is of false implication and majority of the ATM cards except one bearing no. 512652140466587 issued from Punjab National Bank which has wrongly been inserted into the seizure list relating to the petitioner, who is in custody having no criminal antecedent except one the case of previous year for the offence under [STATUTE] wherein he is on bail. It has also been submitted that none of the articles said to be recovered from the house of the petitioner are in any way stolen one and there is anything connecting the same to be stolen. If it is so, the petitioner is directed to be enlarged on bail on furnishing bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the 2 Chief Judicial Magistrate, Gaya, in Fatehpur P.S. Case no.164 of 2012) with the condition that the petitioner shall remain present before the court below on each and every date till disposal of the case. In the event of failure to attend the court on two consecutive dates, without any reasonable explanation, the privilege granted shall be deemed to be cancelled. A.Ahmad/- (Akhilesh Chandra, 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.