Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.40322 of 2011 ====================================================== 1. Ramjatan Prasad S/O late Hari Lal Resident Of Village- Ariyawa, P.S.- Nagarnausa, District- Nalanda 2. Julmajay Prasad @ Jalmanjay Prasad S/O Ram Pravesh Prasad, Resident Of Village- Ariyawa, P.S.- Nagarnausa, District- Nalanda 3. Dhananjay Prasad @ Dharanju Prasad S/O Ram Pravesh Pd., Resident Of Village- Ariyawa, P.S.- Nagarnausa, District- Nalanda. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajeev Kumar, Advocate For the Opposite Party/s : Mr. Arun Kumar Pandey, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA) 2 27-01-2012 This is second attempt made on behalf of the petitioners for grant of anticipatory bail in a criminal prosecution registered under [STATUTE] . Recently by an order dated 12.10.2011 passed in Cr. Misc. No. 34213 of 2011 (Annexure-1) prayer for anticipatory bail made on behalf of the petitioners was rejected by a speaking order. Only ground for filing this petition for the second time seeking anticipatory bail is that the petitioner no. 1 is an old person and injuries sustained by the injured persons have been opined to be simple in nature by the Doctor. However, no document has been brought on record to show the Patna High Court Cr.Misc. No.40322 of 2011 (2) dt.27-01-2012 2 age of petitioner no. 1. So far as injuries are concerned, this Court by taking into consideration all aspects including the injuries sustained by the injured person had rejected the prayer for anticipatory bail made on behalf of the petitioners by aforesaid order dated 12.10.2011. In the facts and circumstances, this Court does not find any good ground for acceding to the prayer made on behalf of the petitioners for grant of anticipatory bail. Accordingly, it is rejected once again. The petitioners are directed to surrender in the court below within a period of four weeks and seek regular bail in connection with Nagarnausa P.S. Case No. 37 of 2011 pending in the court of learned Additional Chief Judicial Magistrate, Hilsa, Nalanda. If the petitioners surrender in the court below within the time prescribed and make a prayer for regular bail, then learned court below shall be obliged to take into consideration all the pleas raised on behalf of the petitioners and shall be at liberty to dispose of the prayer for bail in accordance with law. With the aforesaid observations and directions, application stands disposed of. Anjani/- (Birendra Prasad Verma, 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.