Case Facts:
Patna High Court Cr.Misc. No.33045 of 2012 (2) dt.03-09-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.33045 of 2012 ====================================================== 1. Sikta Sharma , S/o Late Darogi Sharma. 2. Bilo Sharma, S/o Ganeshi Sharma. Both resident of Village- Itmadi (Pachbigghi), P.S. Beldars, District- Khagaria. .... .... Petitioners. Versus The State of Bihar .... .... Opposite Party. CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 2 03-09-2012 Heard learned counsel for the petitioners and learned counsel for the State. The petitioners have been arrested in connection with Gogri (Paura) P.S. Case No. 217 of 2007 registered under [STATUTE] . It is alleged that one Sahendra Sharma along his associated have arrived in the Village-Sahran then police entered in the village and it is alleged that there was firing and counter firing between the miscreants and the police party. However, miscreants managed to flee away. It is further alleged that local people and village Chowkidar stated that 19 persons including these petitioners who were firing over the police party. Learned counsel for the petitioners submits that there is no specific allegation of what act of commission or omission was committed by these petitioners. However, the petitioners are in jail custody since 23. 02. 2010 and 03. 11. 2011. It is further submitted Patna High Court Cr.Misc. No.33045 of 2012 (2) dt.03-09-2012 that charge has been framed and petitioners have criminal antecedent. Having regard to the facts and circumstances of the case, the above named petitioners are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the A.D.J. (F.T.C. 1st) Khagaria, in connection with Sessions Case No. 276 of 2010 (arising out of Gogri Paura P.S. Case No. 217 of 2003) subject to condition one of the bailors shall be near relative of the petitioners and petitioners shall appear on each and every date fixed in this case and any absence shall be subject to satisfaction of the court below on reasonable ground. Further condition that petitioners shall appear on two consecutive dates and any absence on two consecutive dates shall be ground for cancellation of bail bond of the petitioners. 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.