Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.23555 of 2012 ====================================================== Shambhu Pandey .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03/ 30-07-2012 Heard learned counsels for the petitioner and the State. The petitioner is apprehending his arrest in a case registered for the offences punishable under [STATUTE] and 47(a) of the Excise Act. 40 litres of illicit country made liquor was recovered from Ranjit Kumar Singh and Satyendra Kumar when they disclosed the name of this petitioner and Sanjay Prasad as the persons at whose behest the seized liquor was being carried. It is submitted by learned counsel for the petitioner that initially the petitioner was not charge- sheeted but in 2011 the petitioner was charge- sheeted. Moreover, the recovery cannot be treated from the petitioner and a statement has been made in Patna High Court Cr.Misc. No.23555 of 2012 (3) dt.30-07-2012 2/2 para 13 that the petitioner has no criminal antecedent. In view of this Court, it is a fit case for consideration of regular bail by the learned court below if the petitioner surrenders before the learned court below within a period of six weeks from today in connection with Baniapur P.S. Case No. 105 of 2007 pending in the court of learned Chief Judicial Magistrate, Saran at Chapra. With the aforesaid observation, this application is disposed of. Let the order be transmitted to the learned court below through fax at the cost of the petitioner. DKS/ (Dinesh Kumar Singh, J.) . .

Applicable IPC Section: 308

Statute Text:
Section 308 of the Indian Penal Code. Attempt to commit culpable homicide. 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 culpable homicide not amounting to murder, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both; and, if hurt is caused to any person by such act, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.