Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.13948 of 2012 ====================================================== 1. Md. Rustam 2. Md. Azaz Ahmad .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 20-04-2012 Learned counsel for the petitioners is permitted to make correction in the name of petitioner no. 2. Heard learned counsels for the petitioners and the State. The petitioners are apprehending their arrest in a case registered for the offences punishable under [STATUTE] . The accusation of assault is against Azaz, Dokwa and Wahid. It is alleged against petitioner no. 2 that he was armed with spade whereas Wahid was armed with lathi. The specific case of the informant is that he received fracture injury on the hand as a result of lathi blow of Wahid, who is not the petitioner before this Patna High Court Cr.Misc. No.13948 of 2012 (2) dt.20-04-2012 2/2 Court and the son of the informant got grievous injury on the nose with sword. Admittedly these two petitioners are not armed with sword. There is counter version of the occurrence also and the petitioners’ side have also received injuries. Considering the aforesaid facts, 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, Begusarai in connection with Sahebpur Kamal P.S. Case No. 204 of 2011, 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.