Case Facts:
Patna High Court Cr.Misc. No.29764 of 2012 (2) dt.01-08-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.29764 of 2012 ====================================================== 1. Tulsi Ram, Son of Ramnewaz Ram 2. Krishna Ram, Son of Sri Bhagwan Ram Both Resident of Village – Kahen, P.S. – Jagdishpur, District – Bhojpur. .... .... Petitioners Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioners : Mr. Ravindra Kumar, Advocate. For the Opposite Party : APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA ORAL ORDER 2 01-08-2012 Heard learned Counsel for the petitioners and the State. The petitioners are being prosecuted for offence under [STATUTE] and Section 27 of the Arms Act. The informant’s nephew was returning to his home. In the meanwhile, the petitioners and others came and at the behest of petitioner no. 1, firing was resorted to by petitioner no. 2 from a wall hole causing injury on the knee. Submission is that offence under [STATUTE] is not attracted. There was no intention, no intervening circumstances and no repetition. Considering the facts and circumstances of the case, Patna High Court Cr.Misc. No.29764 of 2012 (2) dt.01-08-2012 the above named petitioners are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate/ court concerned, Bhojpur at Ara in connection with Jagdishpur P.S. Case No. 165 of 2011. KKSINHA/- (Shyam Kishore Sharma, 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.