Case Facts:
Patna High Court Cr.Misc. No.43184 of 2011 (5) dt.03-09-2012 1 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.43184 of 2011 ====================================================== 1. Satendra Paswan, s/o Petu Paswan R/O, Vill.-Shekhbara, P.S.-Magadh University, Dist.-Gaya .... Petitioner Versus 1. The State Of Bihar .... Opposite Party ====================================================== Appearance : For the Petitioner : M/S Sanjay Kumar & Dharmendra Kumar, Advs. For the Opposite Party : Mrs. I.B. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 5 03-09-2012 Heard learned counsel for the petitioner and the State. This is a petition for grant of anticipatory bail for offence under [STATUTE] and 27 of the Arms Act. The petitioner has not been named in the first information report. However, the only material against the petitioner is the confessional statement of the co-accused, Krishna Singh, before police. The learned counsel for the petitioner submits that except the confessional statement there is no material against the petitioner and the name of the petitioner finds place after three months in confessional statement. The learned counsel for the State pointed out that in paragraph 8 of the case diary the name of the petitioner finds place in respect of the participation of the petitioner in an election. Hence, having regard to the facts and circumstances of the case, the petitioner, above named, in the event of his arrest or surrender, within four weeks from the date of receipt of this order, is directed to be released on anticipatory bail on furnishing bail bound of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with M.U. P.S. Case No. 40 of 2011 to the satisfaction of the Chief Judicial Magistrate, Gaya, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code and the petitioner shall cooperate with the police during investigation as investigation is still continuing and if any incriminating material found against the petitioner and Patna High Court Cr.Misc. No.43184 of 2011 (5) dt.03-09-2012 2 the charge sheet submitted, then, the petitioner shall surrender and prayer for regular bail. SA/- (Gopal Prasad, 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.