Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.21994 of 2012 ====================================================== 1. Tuntun Bhagat @ Yogendra Bhagat S/O Late Yodh Bhagat R/O Village - Bhopatpur Bharathia, P.S. Basantpur, Distt. - Siwan 2. Ranjay Bhagat S/O Tuntun @ Bhagat @ Yogendra Bhagat R/O Village - Bhopatpur Bharathia, P.S. Basantpur, Distt. - Siwan .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 13-06-2012 Heard learned counsels for petitioners and the State. The petitioners apprehend their arrest in connection with a case registered for the offence punishable under [STATUTE] as well as section 27 of the Arms Act. It is stated that the police on completion of investigation found accusation to be false and submitted final report. The petitioners were not sent up for trial. The final report so submitted by the police was accepted by the learned Magistrate. However, since there was already a protest petition on record, the same was treated as a complaint. The complainant was examined on solemn affirmation and witnesses were examined under section 202 of the Cr.P.C. in course of inquiry. The learned Magistrate, after conducting inquiry dismissed the complaint in exercise of Patna High Court Cr.Misc. No.21994 of 2012 (2) dt.13-06-2012 2 powers conferred under section 203 of the Cr.P.C. Against that order of the learned Magistrate, a revision petition was filed before the learned Sessions Judge which was allowed and subsequent thereto cognizance has been taken against the petitioners. Be that as it may, considering the aforesaid facts, let the petitioners named above in the event of arrest or surrender within a period of four weeks from the date of receipt/production of a copy of this order 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 Sri R.K.Singh, learned Judicial Magistrate, 1st Class, Siwan in connection with C.Case No.2512 of 2008 subject to the conditions as laid down under section 438(2) Cr.P.C. and also subject to the conditions (i) that both the bailors will be close relative of the petitioners who will give separate affidavit giving genealogy as to how they are related with the petitioners (ii) that the petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him to disclose such facts to the court or to any other authority (iii) that they shall remain present before the court on the dates fixed for hearing of the case. If they want to remain absent, then they shall take prior permission of the court and in case of compelling and Patna High Court Cr.Misc. No.21994 of 2012 (2) dt.13-06-2012 3 unavoidable circumstances for remaining absent, they shall immediately inform the court and request that they may be permitted to be present through counsel (iv) that liberty is given to the State to make an appropriate application for modifying/recalling the order granting bail, if for any reason, the petitioners violate any of the conditions imposed by this court. Md.S./- (Ashwani Kumar Singh, 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.