Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.22826 of 2012 ====================================================== Sunil Mahto .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 19-07-2012 Petitioner is apprehending his arrest in a case registered for the offences under [STATUTE] , in connection with Ariari(Mohuli) P.S. Case No. 122 of 2011, pending in the Court of learned Chief Judicial Magistrate, Sheikhpura. It is submitted by learned counsel for the petitioner that petitioner was on police bail. In view of this Court, the anticipatory bail application is not maintainable in view of the ratio laid down by the Division Bench of this Court in the case of Bishundeo Sahu versus State of Bihar reported in 2011(1) PLJR 731. However, let learned Court below pass appropriate order with regard to regular bail of the petitioner in view of the ratio laid down in the case of Bishundeo Sahu(Supra) and Mahendra Prasad Singh versus The State of Bihar reported in 2004(3) PLJR 491, provided that petitioner has not misused the privilege of bail. Patna High Court Cr.Misc. No.22826 of 2012 (2) dt.19-07-2012 2 / 2 2 With the observations made above, the application stands disposed off. Let the order of this Court be transmitted through FAX to the learned Court below at the cost of the petitioners. Shageer/- (Dinesh 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.