Case Facts:
Patna High Court Cr.Misc. No.11766 of 2012 (2) dt.23-03-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.11766 of 2012 ====================================================== Ganesh Rai & Ors. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.11822 of 2012 ====================================================== Ajay Rai .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 23.03.2012 Both the above stated petitions arise out of Ishuapur P.S. Case no. 02/2010 registered under [STATUTE] as well as 27 of the Arms Act and, accordingly, both the above stated petitions are being disposed off by this common order. Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State. All the petitioners are named in the first information report but there is specific allegation against petitioner nos. 2 and 3 that they caught hold of the deceased at the relevant time whereas omnibus allegation of assault against all the petitioners as well as other accused persons has been levelled and it is also alleged that petitioner in Cr. Misc. no. 18822/2012 along with some other co-accused opened fire at the time of alleged occurrence. Learned counsel for the petitioners drew my attention Patna High Court Cr.Misc. No.11766 of 2012 (2) dt.23-03-2012 towards annexure 2 to this petition and submitted that according to the post mortem report of the deceased, only one fire arm injury has been found on his person whereas it is the specific case of the prosecution that co-accused Ganga Sagar Ram cut neck of the deceased with Dabia which is a sharp cutting weapon. Therefore, post mortem report completely demolishes the prosecution case. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioners, Ganesh Rai, Jai Prakash Rai, Surendra Rai and Ajay Rai, be released on bail on furnishing bail bonds of Rs 10,000/- each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saran at Chapra in Ishuapur P.S. Case no. 02/2010. Shahid (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.