Case Facts:
Patna High Court Cr.Misc. No.965 of 2012 (2) dt.19-01-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.965 of 2012 ====================================================== Md. Samsad Alam @ Hiru .... .... Petitioner. Versus The State Of Bihar .... .... Opposite Party. ====================================================== with Criminal Miscellaneous No.2114 of 2012 ====================================================== Aman Kumar @ Tigar .... .... Petitioner. Versus The State Of Bihar .... .... Opposite Party. ====================================================== Appearance : (In Cr.Misc. No.965 of 2012) For the Petitioner/s : Mr. Satya Prakash Prasar, Advocate. For the Opposite Party/s : Mr. Uma Shankar Pd. Singh, A.P.P. (In Cr.Misc. No.2114 of 2012) For the Petitioner/s : Mr. Satya Prakash Prasar, Advocate. For the Opposite Party/s : Mr. Uma Shankar Pd. Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH) 2 19-01-2012 Heard learned counsels for the petitioners, informant and the State. The petitioners are languishing in custody since 16.09.2011 and 11.10.2011 respectively in a case registered for the offence under [STATUTE] . F.I.R. was instituted on the fardbeyan of the victim who did not name any body as he could not see any body firing. It appears that the victim’s brother after several days of occurrence Patna High Court Cr.Misc. No.965 of 2012 (2) dt.19-01-2012 named the petitioner Aman Kumar @ Tiger to have fired when other petitioner Md. Samsad Alam @ Hiru was accompanying him. Though it is submitted that statement of the deceased’s brother was recorded in paragraph no. 39 of the case diary after 28 days of occurrence but it is submitted by learned counsel for the informant that it was recorded after two days of occurrence. The statement of deceased’s brother gets clouded from the fact that he could not disclose vital fact when F.I.R. was instituted. Considering the aforesaid facts, let the petitioners above named be released on bail 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 C.J.M. Jamui in connection with Jamui P.S. Case No. 262 of 2011. U.K./- (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.