Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.97 of 2012 Ganesh Yadav @ Ajit Kumar Son of Banwari Singh, resident of Village- Nai Bazar Mathiamore, P.S. Buxar (T) District- Buxar. Versus The State of Bihar ---------------------------------- 2. 23.01.2012 Heard learned counsel for the petitioner and learned A.P.P. for the State. This application is for grant of bail to the petitioner under the provisions of Juvenile Justice (Care and Protection of Children) Act, 2000. Earlier such prayer was rejected by the Juvenile Justice Board, Buxar in J. J. B. Case No. 345/11 by order dated 11.11.2011 and the appeal was also dismissed by the District and Sessions Judge, Buxar by order dated 15.12.2011 in Criminal Appeal (J. B.) No. 61/11. The petitioner is an accused in Buxar (T) P.S. Case No. 168/11 registered under [STATUTE] and Section 27 of the Arms Act. Learned counsel for the petitioner submits that the age of the petitioner is 12 years four months and 24 days, on the alleged date of occurrence as has been noted by the Juvenile Justice Board, Buxar in order dated 25.10.2011. 2 Learned counsel submits that the only allegation as per the F.I.R. against the petitioner is that he was also riding on one of the motor cycles which was being driven by another person who only fired on informant but the bullet did not hit him. It is alleged that the petitioner was exerting pressure alongwith other person for making compromise in the case and the informant not doing so resulted in the incident. Learned counsel submits that in view of the allegations made in the F.I.R. itself, the petitioner cannot be charged for any offence and much less made an accused in the present case. He submits that the petitioner is in custody since 5.7.2011 and deserves to be released on bail. As far as being accused in the other two cases, learned counsel submits that only on the basis of suspicion he has been made accused in another case and in the case alleging theft he has been granted bail by the Court below. Learned counsel submits that petitioner deserve a chance to come in the mainstream of the civil society. Considering the facts and circumstances of the case, let the petitioner namely, Ganesh Yadav @ Ajit Kumar be released on bail on furnishing bail bond of Rs. 5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of J. J. Board, Buxar in connection with Buxar (T) P.S. Case No. 168/11 (J. J. B. 3 Case No. 345/11). One of the bailors should be the father of the petitioner who shall also execute a bond with regard to good behavior of the petitioner before the Court concerned. The petitioner shall present himself physically before the Probation Officer, Buxar at least once a month and also as and when directed by him. The Probation Officer, Buxar shall maintain strict supervision over the petitioner. This application stands disposed off. Anand Kr. (Ahsanuddin Amanullah, 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.