Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.3844 of 2012 1. Md. Sartaz, son of Md. Akhtar. 2. Md. Nayer Azam, son of late Abdul Subhan. 3. Md. Bhailu @ Bhalu, son of Ghulamuddin. 4. Md. Naso Mian, son of late Abdul Subhan. 5. Kaish Ansari @ Kairoo, son of late Iliyas. 6. Md. Somar, son of late Allauddin. 7. Pappu @ Shamsher, son of Khurshid Alam 8. Md. Basiruddin, son of Kabir Mian. 9. Sonu Mian @ Sabir, son of late Khurshid. 10. Abid Hussain, son of Md. Moin. All residents of Village-Mohalla Khasganj, P.S.-Soh Sarai, District-Nalanda. Versus The State of Bihar ---------------- 2 25.01.2012 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State. The petitioners seek bail in connection with a case registered under [STATUTE] . It is submitted that the petitioners are implicated in the present case only because for an alleged incident which took place on 13.4.2011 a substantial police case was already instituted on the basis of F.I.R. instituted by one of the co-accused Kurkam. The present case was instituted two days thereafter as a complaint which was referred to the police under Section 156(3) Cr. P.C. pursuant to which the F.I.R. was instituted. The members of the prosecution party who are accused in the counter case have already been granted bail. Considering the facts and circumstances of the case, the petitioners, above named, are directed to be released on bail on their 2 executing a bond with two solvent sureties, each in a sum of Rs. 10,000/- (Ten Thousand only) to the satisfaction of the learned Chief Judicial Magistrate, Nalanda in connection with Sohsarai P.S. Case No. 33 of 2011 on the following conditions: (i) That both the bailors will be close relative of the petitioners who will give separate affidavit giving genealogy as to how they are related with the petitioners. (ii) That the petitioners will not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them to disclose such facts to the court or to any other authority. (iii) That they will remain present before the court on the dates fixed for hearing of the case. If they want to remain absent, then they will take prior permission of the court and in case of compelling and unavoidable circumstances for remaining absent, they will immediately inform the court and request that they may be permitted to be present through the counsel. (iv) That liberty is given to the State to make an appropriate application for modifying/recalling the order granting bail, if for any reason, the petitioners violate any of the conditions imposed by this Court. Sanjeet/ (Ashwani 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.