Case Facts:
Patna High Court Cr.Misc. No.44330 of 2012 (2) dt.13-12-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.44330 of 2012 ====================================================== Surendra Tiwari son of Sri Lala Tiwari .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 2 13-12-2012 Heard Mr. Baxi S.R.P. Sinha, learned Senior Counsel for the petitioner and Mr. Md. Sufiyan learned Additional Public Prosecutor for the State as well as Mr. Atul Kumar, learned counsel for the informant. The petitioner is in custody in connection with Shahpur P.S. Case No. 119 of 2012 for the offences punishable under [STATUTE] and 27 of the Arms Act. The petitioner seeks regular bail in the present application. The petitioner has been named accused in the First Information Report on the basis of statement of Ramjee Tiwari. According to which on alleged date of occurrence the injured was sleeping in his orchard when the informant heard sound of gunfire, he rushed towards the orchard and saw the named accused persons running away including this petitioner. Learned counsel appearing on behalf of the petitioner submits that there is no allegation in the First Information Report Patna High Court Cr.Misc. No.44330 of 2012 (2) dt.13-12-2012 that petitioner was armed with any weapon. He secondly submits referring to the order of Additional Sessions Judge-III dated 12.10.2012 that as per statement of Vijay Tiwari one Chulbul Yadav has caused the gunshot injury and other unknown persons with him. He submits that even in course of investigation no material has come attributing any specific overtact so far as this petitioner is concerned. Vehemently opposing the prayer for bail, learned counsel for the informant submits that as per the First Information Report, the petitioner was seen fleeing from the place of occurrence and the victim could identify only Chulbul Yadav and the petitioner and other two persons who might have caused the injury. However, in view of the facts and circumstances of the case, I am inclined to allow the bail application. Let the petitioner Surendra Tiwari be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Shahpur P. S. Case No. 119 of 2012. Saif/- (Chakradhari Sharan Singh, 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.