Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.35915 of 2011 Janki Ram Versus The State Of Bihar ----------- 02/ 11.01.2012 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner is in jail custody since 14.6.2011 in a case initially, registered under [STATUTE] but later on, [STATUTE] was also added. Allegedly, petitioner gave back portion of spade on the abdomen of the deceased. Learned counsel for the petitioner submits that no case under [STATUTE] is made out because there was no intention of the petitioner to commit the murder of the deceased. The post mortem report of the deceased reveals that only one injury has been found on the stomach of the deceased and the deceased died of septicemia. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, Janki Ram, be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gopalganj in Phulwaria P.S. Case no. 87/2011. shahid (Hemant Kumar Srivastava,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.