Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.8739 of 2012 ====================================================== Tej Bahadur Rai .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.9564 of 2012 ====================================================== Shiv Shankar Rai .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 26-03-2012 Heard learned counsels for the petitioner and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under [STATUTE] and Section 27 of the Arms Act. The petitioners were named in the FIR but during the investigation the accusation was found false and final form was submitted which was accepted but during trial in exercise of power under Section 319 Cr. P.C. the application for summoning the petitioner was filed which was also rejected but subsequently in pursuance to the order passed in criminal miscellaneous application, the petitioners have been summoned in exercise of power under Section 319 Cr.P.C. Patna High Court Cr.Misc. No.8739 of 2012 (2) dt.26-03-2012 2/2 Considering the fact that the impugned order does not reflect specific evidence during trial which persuaded to trial court to summon the petitioner, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge, F.T.C.-III, Kaimur at Bhabhua in connection with S. Tr. No. 230 of 2006/11 of 2008 arising out of Kurhani P.S. Case No. 14 of 2005, subject to the conditions as laid down under Section 438(2) Cr.P.C. Learned court below will be at liberty to cancel the bail of the petitioners if the petitioners default for three consecutive occasions. Amrendra/- (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.