Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.27709 of 2012 ====================================================== The State Of Bihar through the Superintendent of Police, Saharsa at Saharsa, P.S. Saharsa, District-Saharsa .... .... Petitioner/s Versus Tempu Yadav, son of Madan Yadav, resident of Village- Ghaghan Path, P.S. Saur Bazar ( Patar Ghat), District-Saharsa. .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER ------------------- 2 21-11-2012 Heard Dr. Indiwar Kumari, learned Addl. Public Prosecutor. The present petition has been filed with a prayer to cancel the bail granted to Opp.Party no.2 by order dated 09.02.2011 passed in Cr.Misc.No.39645 of 2010. Opp.Party no.2 was in custody in connection with Saur Bazar P.S. Case No.240 of 2008 since 08.03.2010 for the offence under [STATUTE] and 27 of the Arms Act. Opp.Party no.2 was granted bail in view of the fact that number of accused persons having similar allegation were already extended the privilege of bail. It was submitted by learned counsel for the petitioner that after being released in the present case, the petitioner (Opp. Party no.2 herein) was again made accused in other cases. The Court is of the opinion that since Opp.Party no.2 was extended the privilege of bail primarily on the ground that Patna High Court Cr.Misc. No.27709 of 2012 (2) dt.21-11-2012 2 / 2 2 number of accused persons having similar allegation were extended the privilege of bail and Opp.Party no.2 was in custody since 08.03.2010 i.e. more than 11 months for offence under [STATUTE] and 27 of the Arms Act, the bail granted may not be cancelled. I do not find any ground for review/ recall of my earlier order. The petition stands dismissed. NKS/- (Rakesh Kumar, 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.