Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.134 of 2012 Pawan Mahto @ Pawan Kumar, son of Hareram Mahto, resident of village-Mahathi, P.S.-Ujiarpur, District-Samastipur. Versus The State of Bihar ----------------- 2 04.01.2012 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State. The petitioner apprehends his arrest in connection with a case registered under [STATUTE] . It is contended that the occurrence is said to have taken place on 8th of July 2010 whereas the fardbeyan was recorded on 13th of July, 2010 and the F.I.R. was instituted on 3.8.2010. As per prosecution case, the specific allegation of assault by Farsa is against co-accused Chhote Lal Mahto. All other 8 accused persons including the petitioner are said to have assaulted by iron rod and Lathi. For the alleged occurrence dated 8.7.2010, there is a counter version too. One Sumitra Devi, wife of co-accused Sitaram Mahto had instituted Ujiarpur P.S. Case No. 126 of 2010 on 9.7.2010 under [STATUTE] against the members of the prosecution party. Considering the facts and circumstances of the case, let the petitioner, namely Pawan Mahto @ Pawan Kumar in the event of his arrest or surrender before the Court below within a period of four weeks from the date of receipt/communication of this order, be released on bail on furnishing bail bonds of Rs. 5,000/- (Five thousand 2 only) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Dalsingsarai, Samastipur in connection with Ujiarpur P.S. Case No. 139 of 2010 subject to the conditions as laid down under Section 438(2) Cr. P.C. Sanjeet/ (Ashwani 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.