Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.42900 of 2011 Avinash Kumar Singh @ Nanhaku Singh @ Chhotu Kumar S/O Sri Mahendra Singh R/O Vill. Gonahi, P.S. Patahi, Distt. East Champaran. Versus The State Of Bihar. ---------------------------------- 2. 10.1.2012. Heard learned counsel for the parties. The petitioner is in custody in connection with Majorganj P.S.Case No.50 of 2011 for the offence punishable under [STATUTE] and section 4/5 of the Explosive Substance Act. The allegation against the petitioner and some others is of getting injured by reason of explosion having occurred in the course of preparation of bomb. Learned counsel for the petitioner, with reference to the second F.I.R. instituted by one of the co-accused of the present case, submits that the fact is otherwise and that the explosion in question was handiwork of the rivals in the Mukhiya election. He also submits that in the process, the Mukhiya candidate in whose house the meeting was taking place, namely, Raj Kumar Singh, succumbed to the injury suffered from the explosion. Learned counsel, with reference to an order dated 19.10.2011 passed in Cr.Misc.No.35289 2 of 2011 placed at Annexure-3, submits that a bench of this court considering the circumstances, has granted bail to two of the co-accused whose case stands on similar footing. Regard being had to the circumstances and the submissions of the learned counsel, let the petitioner, Avinash Kumar Singh alias Nanhaku Singh alias Chhotu Kumar be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Sitamarhi in connection with Majorganj P.S.Case No.50 of 2011. ahk (Jyoti Saran, J.)

Applicable IPC Section: 308

Statute Text:
Section 308 of the Indian Penal Code. Attempt to commit culpable homicide. 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 culpable homicide not amounting to murder, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both; and, if hurt is caused to any person by such act, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.