Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 33665 of 2012 =================================================== Pappu Sah S/o Safique Sah Resident of Village- Matiyari, Police Station- Bijaipur, District- Gopalganj. .... .... Petitioner/s Versus The State of Bihar. .... .... Opposite Party/s =================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 02. 05.09.2012 Heard learned counsel for the Petitioner and the State. The Petitioner seeks bail in a case instituted for the offences under [STATUTE] . The Petitioner was allowed bail by order dated 27.06.2012 but on condition that an affidavit would be filed on his behalf that he is not an accused in any other case. Unfortunately, the Petitioner was accused in two other cases and, therefore, such an affidavit could not be filed and he is languishing in jail. The explanation that has been furnished on behalf of the Petitioner is that his wife is an illiterate lady who was unknown about the implication of the Petitioner in two other cases. Considering the same, let the Petitioner, above named be released on bail on furnishing bail bond of Rs. 5,000/- (Five Thousand) with two sureties of the like amount each or any other surety as fixed by the Court to the satisfaction of Chief Judicial Magistrate, Gopalganj in Patna High Court Cr.Misc. No.33665 of 2012 (2) dt.05-09-2012 2 connection with Bijaipur P.S. Case No. 33 of 2011 subject to the following conditions:- (i) That one of the bailors will be a close relative of the Petitioner who will give an affidavit giving genealogy as to how he is related with the Petitioner and the other bailor shall be the wife of the Petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioner. (ii) That the bailor shall also state on affidavit that he will inform the court concerned if the Petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse. (iii) That the Petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse. (iv) That the Petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. A sum of Rs. 500/- (Five Hundred) shall be deposited by the Petitioner in the District Legal Aid Committee, Gopalganj before he is released on bail. Vikash/- (Anjana Prakash, 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.