Case Facts:
Patna High Court Cr.Misc. No.20301 of 2012 (3) dt.05-06-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.20301 of 2012 ====================================================== Gajni @ Vicky, S/O Md. Khalid, resident of Village- Kathokar Talab, P.S- Civil Line, District- Gaya. .... .... Petitioner Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner : Mr. Sheikh Arkan Ahmad, Advocate. For the Opposite Party : Mr. Jitendra Kumar Singh, No.1, A.P.P. ====================================================== PRESENT: HONOURABLE MR. JUSTICE S.N. HUSSAIN ORDER 3 05-06-2012 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner is an accused for offences punishable under [STATUTE] read with 27 of the Arms Act. From the argument of the parties and as per the allegation in the F.I.R., it is quite apparent that there was exchange of firing between the police and a group of mob but none of the police personnel have received any fire-arm injury whereas one Jalaluddin has sustained fire-arm injury in the alleged occurrence and the said Jalaluddin has lodged Complaint Case No. 2240 of 2010 against the Dy. S.P. and other police officials for the same occurrence of the same day. Patna High Court Cr.Misc. No.20301 of 2012 (3) dt.05-06-2012 In the said circumstances, learned counsel for the petitioner submits that only to conceal there high handed and illegal activities, the police has falsely implicated the petitioner who is languishing in jail since 01.02.2011, although neither he was arrested on the spot nor any incriminating article has been recovered from his possession. Learned counsel for the petitioner further submits that another co-accused with similar allegation has already been enlarged on bail on the orders of this Court dated 09.09.2011 passed in Criminal Miscellaneous No. 27910 of 2011. In the aforesaid facts and circumstances, this petition is allowed. Let petitioner above named be released on bail on furnishing bail bond of Rs. 10,000.00 (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge, F.T.C. IVth, Gaya in connection with Sessions Trial No. 46 of 2011 arising out of Civil Line P.S. Case No. 388 of 2010. Md. Ibrarul/- (S.N. Hussain, 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.