Case Facts:
Patna High Court Cr.Misc. No.36308 of 2011 (3) dt.05-03-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.36308 of 2011 ====================================================== Arun Kumar Kushwaha, son of Late Paras Prasad, resident of village- Darmaha Kaswatola, P.S. – Kesaria, Distt. – East Champaran. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 3 05-03-2012 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State, who is armed with carbon/xerox copy of the case diary. The petitioner apprehends his arrest in connection with a case registered for the offence punishable under [STATUTE] and 25(1- b), 26, 27, 35 of the Arms Act, ¾ Explosive Substance Act and 17 of the CLA Act. In this case petitioner’s name emerged during investigation as the person calling extremists with ulterior motive. Submission is of false implication and petitioner having no criminal antecedent. If, it is so, in the event of his arrest/surrender before the court below within four weeks, let the above named petitioner be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, East Champaran, Patna High Court Cr.Misc. No.36308 of 2011 (3) dt.05-03-2012 Motihari, in connection with Kesaria P.S. Case No. 32/2011, subject to condition laid down under Section 438 (2) of the Code of Criminal Procedure with additional condition to remain physically present before the court below on each and every date till disposal of the case, in case of failure on two consecutive dates without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled. Rajeev/- (Akhilesh Chandra, 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.