Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.16766 of 2012 ====================================================== 1. Pramod Rai S/O Late Mahendra Rai R/O Village- Teja Bigha, P.S.- Bakhtiyarpur, District- Patna .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Chandra Sen Prasad Singh, Advocate For the Opposite Party/s : Mr. Navin Kumar Pandey, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 3. 29.8.2012 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under [STATUTE] and 27 of the Arms Act. The petitioner was allowed bail by an order dated 2.9.2011 but noting therein that there was only one other case pending against him which was to be verified by the Trial court. It appears that there were five cases pending against the petitioner and, therefore, he was not released on bail. Considering the supplementary affidavit, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 5,000/-(Five thousand) with two sureties Patna High Court Cr.Misc. No.16766 of 2012 (3) dt.29-08-2012 2 of the like amount each or any other surety to be fixed by the court concerned to the satisfaction of learned Additional Sessions Judge Vth, Barh in connection with Sessions Trial No.1771 of 2011 arising out of Bakhtiyarpur P.S. Case No.82 of 2009, subject to the conditions (i) That one of the bailor shall be Jitendra Roy, son of the petitioner and the other bailor will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will undertake to furnish information to the Court about any change in address of the petitioner. (ii) That the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse, (iii) That the petitioner shall be physically present on each date during trial and if he fails to do so on two consecutive dates without any reasonable cause, his bail shall stand automatically cancelled. The Trial Court (Additional Sessions Judge Vth, Barh) is directed to send a list of the witnesses fixing Patna High Court Cr.Misc. No.16766 of 2012 (3) dt.29-08-2012 3 specific dates for production of the witnesses along with a copy of this order to the Rural S.P., Patna and the Rural S.P., Patna is directed to ensure production of the witnesses on the date so fixed by the Trial Court so that there is no further delay in trial. Narendra/ ( Anjana Prakash, 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.