Case Facts:
Patna High Court Cr.Misc. No.22215 of 2012 (3) dt.31-07-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.22215 of 2012 ====================================================== Yogendra Ray .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 31.07.2012 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State assisted by learned counsel for the informant. Petitioner is named in the first information report and it is alleged that he along with Dudhnath Rai opened fire on the deceased. The contention on behalf of the petitioner is that para 20 of the case diary reveals that alleged occurrence took place near an orchard whereas informant has stated that alleged occurrence took place on the back side of his house. It is further contended by him that the deceased sustained only one fire arm injury and no wound of entry has been found on the abdomen of the deceased whereas there is specific allegation that this petitioner and co-accused Dudhnath Rai opened fire causing fire arm injury to the deceased at abdomen and back. It is further contended by him that there is counter case also which has been registered under [STATUTE] . On the other hand, learned counsel appearing for the informant submits that alleged occurrence took place in the year 2005 and the petitioner could be remanded in the year 2012 i.e. after six years of the alleged occurrence and the aforesaid conduct of the Patna High Court Cr.Misc. No.22215 of 2012 (3) dt.31-07-2012 petitioner is not appreciable. It is further contended by him that there is specific allegation of making fire on the deceased against the petitioner, so he does not deserve bail. Regard being had to the facts and circumstances as well as submissions of the parties, I am not inclined to release the petitioner and accordingly, his prayer for bail in connection with Chapra Town P.S. Case no. 153/2005 pending in the court of the Chief Judicial Magistrate, Saran at Chapra is, hereby, rejected. shahid (Hemant Kumar Srivastava,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.