Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.25030 of 2012 ====================================================== 1. Guddu Singh 2. Munna Singh 3. Tinku Singh 4. Sonu Singh @ Sonu Kumar Singh 5. Dipak Singh @ Dipak Kumar Singh .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03/ 30-07-2012 Heard learned senior counsels for the petitioners, the State and the informant. The petitioners are apprehending their arrest in a case registered for the offences punishable under [STATUTE] . Subsequently [STATUTE] was also added. The accusation of assaulting the deceased is against Nagendra, Manoj and Shiv Shankar whereas it is alleged against these petitioners to have made assault to the informant and Anil. It is submitted by learned senior counsel for the petitioners that the assault to the deceased has not Patna High Court Cr.Misc. No.25030 of 2012 (3) dt.30-07-2012 2/3 been alleged against these petitioners in the First Information Report and they alleged to have assaulted only informant and Anil, whose injury has been found to be simple when there is counter version of the occurrence also when the petitioners’ side also received injuries. It is submitted by learned senior counsel for the informant that the FIR suggests that the assault was made by these petitioners also, which is corroborated by the family members in para 8 to 10 of the case diary. Moreover, the post-mortem report reflects fracture injury in the right and left parietal bones. Considering the fact that the FIR is very specific that these petitioners only assaulted the informant and Anil and the FIR does not reflect that the family members were witness to the occurrence, let the above named petitioners be released on anticipatory bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Patna High Court Cr.Misc. No.25030 of 2012 (3) dt.30-07-2012 3/3 chapra in connection with Panapur P.S. Case No. 25 of 2012, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. DKS/ (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.