Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 23226 of 2012 ====================================================== 1. Sudho Rai S/O Late Udipi Rai Resident Of Village- Mekara, Mahadeo Asthan, P.S- Mokama, District- Patna. 2. Ranjit Rai S/O Late Udipi Rai Resident Of Village- Mekara, Mahadeo Asthan, P.S- Mokama, District- Patna. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 2 20-06-2012 Heard learned counsel for the petitioners and learned A.P.P. for the State. The petitioners along with others are accused in Mokama P.S. Case No. 38 of 2005 registered for offence under [STATUTE] as well as Section 27 of the Arms Act. Learned counsel submits that though there is specific allegation against the petitioners of holding one of the deceased whereas another co-accused is alleged to have cut- off the neck of the deceased but the petitioners have been falsely implicated due to village politics as there is already land dispute between the parties. It is further submitted that similarly situated two other co-accused namely, Masudan Rai and Vikky Rai against whom also there is allegation of holding Patna High Court Cr.Misc. No.23226 of 2012 (2) dt.20-06-2012 2 / 2 2 the deceased have been granted bail by the High Court on 24.04.2008 in Cr. Misc. No. 6030 of 2008. Learned counsel submits that the petitioners are poor and work outside so they could not appear in the case earlier. It is further submitted that there is no criminal history against the petitioners which has been stated in paragraph 19 of the application and they are in custody since 18.10.2011. Learned counsel also refers to paragraphs 13 and 14 of the application in which there are details of other accused persons having been granted bail. Learned A.P.P. for the State opposes the prayer for bail and submits that the petitioners were active in the crime of murder and do not deserve to be released on bail. Considering the facts and circumstances of the case, let the petitioners namely, (1) Sudho Rai and (2) Ranjit Rai be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge IV, Barh Patna in connection with S.T. No. 1656 of 2011 arising out of Mokama P.S. Case No. 38 of 2005. Anand Kr. (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.