Case Facts:
Patna High Court Cr.Misc. No.19946 of 2012 (3) dt.29-06-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.19946 of 2012 ====================================================== Shyam Narayan Rai@Shyam Narayan Prasad .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 3 29-06-2012 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under [STATUTE] . It is alleged in the FIR that on the order of Kanhai Rai, co accused Guddu Rai fired shot causing injury to Shivnandan Rai when the other accused persons opened fire causing injury to Gopi Rai, Kabita Kumari, Bijay Kumar and others. Subsequently Shivnandan Rai succumbed to the injuries. During investigation the accusation was found false but differing with the same cognizance was taken. The cognizance order was challenged by co accused Kanhai Rai before the learned Sessions Judge when the same was quashed. When the informant challenged the same before this court when the order taking cognizance against co accused Kanhai Rai was quashed by this Patna High Court Cr.Misc. No.19946 of 2012 (3) dt.29-06-2012 court. In the meantime, the police in pursuance to further investigation under section 173(8) of the Cr.P.C. submitted charge sheet against the petitioner and others and consequently the cognizance was taken. The petitioner challenged the same in revision which was dismissed by the learned Sessions judge and ultimately the quashing under section 482 of the Cr.P.C. has also been dismissed. Be that as it may, considering the nature of accusation against the petitioner of being member of the mob, let the above named petitioner 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) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Patna in connection with Phulwari (Gaurichak) P.S. Case No. 204 of 2004 subject to the conditions as laid down under section 438(2) of the Cr.P.C. The learned court below will be at liberty to cancel the bail bond of the petitioner in case he defaults on three consecutive dates. Anil/- (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.