Case Facts:
Patna High Court Cr.Misc. No.38629 of 2010 (3) dt.23-01-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.38629 of 2010 ====================================================== Chhotu Mian @ Chhaw Angulia, S/O-Zumrati Mian .... .... Petitioner/s Versus State Of Bihar .... .... Opposite Party/s ====================================================== ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER (Per: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA) 3 23-01-2012 Learned counsel for the petitioner is permitted to make necessary correction in prayer portion of his application within course of the day. Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is in jail custody since 26.06.2004 in a case registered under [STATUTE] and 25(1-B)A, 26, 27 of the Arms Act. It is pointed out by learned counsel for the petitioner that case diary was called for by this Court on 15.11.2010 but up- till-now the case diary has not been received. It is further pointed out by him that, as a matter of fact, the case diary of the present case is missing not only from the office of Superintendent of Police but also from the trial court. It is further pointed out by him Patna High Court Cr.Misc. No.38629 of 2010 (3) dt.23-01-2012 that although, petitioner is named in the first information report but neither he was caught at the spot nor anything was recovered from his conscious possession and having more or less similar allegation, almost all the accused persons have already been released on bail. It is further pointed out by him that up-till-now not a single prosecution witness has been examined which is evident from perusal of letter no. 12/2011 dated 06.01.2011 of the trial court. Considering the aforesaid facts and circumstances as well as submissions of the parties coupled with period of detention of the petitioner in jail custody, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-III, Patnacity, Patna in connection with Sessions Trial No. 691 of 2005 arising out of Alamganj P.S. Case No. 46 of 2004 subject to condition that one of the sureties must be family member of the petitioner. SHAHZAD ANWER/- (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.