Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.341 of 2012 ====================================================== Shardanand Tiwary, son of Sri Nand Kishore Tiwary, resident of Vill. Chhitrauli, P.S. Maniyari, Distt. Muzaffarpur (through father, Nand Kishore Tiwary, who is natural guardian of the petitioner). .... .... Petitioner/s Versus The State Of Bihar .... .... Opp. Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opp. Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 2 23-03-2012 Heard learned counsel for the petitioner, Mr. A. A. Khan, learned A.P.P. for the State and Mr. Mahendra Thakur, learned counsel for the informant who has suo motu appeared. This application is for grant of bail to the petitioner under the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as the ‘Act’). Earlier such prayer was rejected by the Juvenile Justice Board, Muzaffarpur on 29.09.2011 in connection with Maniyari P.S. Case No. 103 of 2010. The appeal was also dismissed by the Sessions Judge, Muzaffarpur in Cr. Appeal No. 62 of 2011. The petitioner is a named co-accused in Maniyari P.S. Case No. 103 of 2010 registered for offence under [STATUTE] . Patna High Court CR. REV. No.341 of 2012 (2) dt.23-03-2012 2 Learned counsel for the petitioner submits that though the allegation against the petitioner is that he delivered a farsa blow on the head of the deceased, but as per the injury report and the opinion of the doctor, the injuries were caused from hard and blunt substance. In view of the fact that there was allegation of assault by hard and blunt substances by other co-accused also, learned counsel submits that the petitioner is entitled to be granted bail since others have been granted such privilege. It is further submitted that there was also a counter case with regard to the same incident in which injuries suffered by the petitioner were graver as against the informant, which is clear from the injury report which has been annexed as Annexure-2 series to this revision application. It is further submitted that the petitioner has clean antecedent and is in custody since 16.08.2010. Learned A.P.P. for the State submits that the allegation against the petitioner is specific and that of attacking the deceased with a sharp cutting weapon i.e., farsa. Learned counsel for the informant also submits that the other co-accused had been granted bail on the ground that the main accused was the petitioner and that it is not in the ends of justice that such a person should be enlarged on bail. Though there is allegation of specific nature against the petitioner but the fact that he has been in custody for such a long Patna High Court CR. REV. No.341 of 2012 (2) dt.23-03-2012 3 period and also since the injury report of the deceased discloses that the said injuries were caused due to hard and blunt substance whereas the petitioner is alleged to have given farsa blow, this Court is of the opinion that the petitioner being a juvenile, which fact is not in controversy, deserves the privilege under the Act. Accordingly, let the petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Juvenile Justice Board, Muzaffarpur in connection with Maniyari P.S. Case No. 103 of 2010. One of the bailors should be the brother-in-law of the petitioner who has also affirmed the affidavit in the present case. Both the petitioner and the brother-in-law shall also execute a bond of good behaviour before the court concerned. Any violation of the terms shall lead to automatic cancellation of the bail in the present case. The petitioner shall physically present himself before the Probation Officer, Muzaffarpur at least once a month and also as and when directed by him. The Probation Officer, Muzaffarpur shall maintain strict supervision over the petitioner. This application, accordingly, stands disposed off. Anjani/- (Ahsanuddin Amanullah, 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.