Case Facts:
Patna High Court Cr.Misc. No.26589 of 2012 (2) dt.27-07-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.26589 of 2012 ====================================================== Ajay Kumar Verma @ Anjani Kumar, S/O-Late Ram Chandra Verma .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 2 27-07-2012 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is in jail custody since 22.04.2012 in a case initially, registered under [STATUTE] but later on, [STATUTE] was also added. Admittedly, the aforesaid case was registered on the Ferdbeyan of the deceased who stated that it was co-accused Ravi Thakur who pierced dagger into his abdomen and at the time of aforesaid occurrence two unknown persons were also present there. Learned counsel for the petitioner submits that during course of the investigation, the wife of the deceased filed a protest petition against main accused, Ravi Thakur and two others but she did not name the petitioner. It is further contended by him that Patna High Court Cr.Misc. No.26589 of 2012 (2) dt.27-07-2012 during course of the investigation petitioner was arrested by the police without any material and he was remanded in this case. It is also contended by him that main accused, Ravi Thakur has already been acquitted by the trial court. Considering the aforesaid facts and circumstances as well as submissions of the parties, 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 Chief Judicial Magistrate, Lakhisarai in connection with Lakhisarai P.S. Case No. 367 of 2011. Before parting with this order, I would like to say that learned Additional Sessions Judge, Lakhisarai has not applied his judicial mind nor referred any material on the basis of which he rejected the prayer for bail of the petitioner. It appears to me that being an officer of cadre of Additional Sessions Judge he passed stereo type order and rejected the prayer for bail of the petitioner only after considering the section of the offence. However, the concerned officer is warned to be more cautious in future while passing the bail order. SHAHZAD/- (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.