Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.14952 of 2012 ====================================================== Rakesh Mahto, Son of Lachhman Mahto. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 3 20-06-2012 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State, who is armed with carbon/xerox copy of the case diary. The petitioner, who is languishing in custody, seeks bail in a case registered under [STATUTE] , is one of the named accused in this case with allegation of inflicting some injury upon the throat of the informant, who got himself treated at PMCH, Patna, where he could arrived by the help of others in unconscious state, but surprisingly there is no injury report and charge-sheet appears submitted for the offence under Section 307 and others. Though, in the midst of the case diary in paragraph – 40 there is some reference about receipt of postmortem report and there is some conflict in the name since the informant is one Jay Prakash and report is said to be of one Jai Kumar. Further, other two co- accused persons under almost similarly situated circumstance have already been released on bail by this Court vide order dated 03/11/2011 passed in Cr. Misc. No. 17265/2011. Having regard to the facts and circumstances of the case, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten Thousand) with two sureties of the like amount Patna High Court Cr.Misc. No.14952 of 2012 (3) dt.20-06-2012 2 / 2 2 each to the satisfaction of learned Chief Judicial Magistrate, Belsand, Sitamarhi, in connection with Belsand P.S. Case No. 39/2010, subject to condition to remain physically present before the court below on each and every date till disposal of the case and in case of failure on two consecutive dates, without giving any reasonable explanation, the privilege granted shall be deemed to be cancelled. Praveen-II/- (Akhilesh Chandra, 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.