Case Facts:
Patna High Court Cr.Misc. No.30968 of 2012 (4) dt.29-11-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.30968 of 2012 ====================================================== Hari Singh, son of Late Sabat Singh, Resident of Barauli, Police Station- Dahina, District- Rewari (Hariyana), at present posted in 26 BN, S.S.B., B.O.P., Langra, Duba, P.S. Galgalia, District- Kishanganj. .... .... Petitioner. Versus The State of Bihar .... .... Opposite Party. ====================================================== Appearance : For the Petitioner/s : Mr. For the State : Mr. Smt. Indu Bala Pandey, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 4 29-11-2012 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner has been arrested in connection with Thakurganj (Galgalia) P. S. Case No. 111 of 2011 registered under [STATUTE] . In the F.I.R. it is alleged that informant had heard sound of firing and when he came to place of occurrence he saw that Khelan Singh and Birbal Ram were lying on earth with pool of blood and they were stated that Hari singh has injured them. Learned counsel for the petitioner submits that Birbal Ram in his statement in para 31 of the case diary has not supported the statement of the informant that he made cry and further the informant is not eye witness to the occurrence. However, in para 31 of the further statement of the Birbal Ram in which he Patna High Court Cr.Misc. No.30968 of 2012 (4) dt.29-11-2012 specifically stated that Hari Singh armed with rifle came at Dawarja and pointed out rifle to Khelan Singh and he indiscriminately fired by which he got injury and Khelan Singh succumbed to injury. Having regard to the facts and circumstances of the case, there is direct allegation of firing by the petitioner on the person of Khelan Singh, I am not inclined to grant bail to this petitioner at this stage. m.p. (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.