Case Facts:
Patna High Court Cr.Misc. No.40628 of 2011 (4) dt.04-04-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.40628 of 2011 ====================================================== 1. Md. Nazim @ Panchu S/O Late Md. Jallo Village Bishanpur Jichho P.S. Lodhipur, Distt. Bhagalpur .... Petitioner Versus 1. The State Of Bihar .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 4 04-04-2012 Heard learned counsel for the petitioner and the State. This is a petition for grant of regular bail for offence under [STATUTE] and later on [STATUTE] . It is alleged that the offence took place with regard to objection for defecating in the orchard and this causes verbal altercation by which the party got excited and, thereafter, it is alleged that three dagger blows have been given. The injury report is mentioned in paragraph 50 of the case diary, which shows three injuries on the person of the deceased, (i) sharp cut injury in right side of abdomen 1” long x 1” wide, (ii) sharp cut injury on rite side of chest in mid axillary line 1” long x ½” and (iii) sharp cut injury on left hyppocodium 1” long x ½” wide and dept can not be ascertained. The post mortem report, however, suggests that the death is due to septicemia and toxemia. The occurrence took place on 10.05.2011 and the victim died on 15.05.2011 during his treatment at N.M.C.H. while he was undergoing to surgery. The petitioner is in jail since 22.06.2011. Hence, having regard to the facts and circumstances, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Lodipur P.S. Case No. 31 of 2011 to the satisfaction of the Chief Judicial Magistrate, Bhagalpur, subject to the condition that petitioner shall appear in the case on each and every date, fixed, and his absence, without any reasonable ground, on two consecutive dates, shall be a ground of cancellation of his bail bond. SA/- (Gopal Prasad, 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.