Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.33572 of 2011 ====================================================== Shambhu Yadav, S/o Late Mahadeo Yadav, R/o Village - Chamwalia, P.S. Bagaha, District - West Champaran. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Vijay Kumar Singh No.1, Advocate For the Opposite Party/s : Mr. Mangal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 5 14-02-2012 Heard the parties. The petitioner is in custody in connection with Bagaha P.S. Case No.237 of 2011 for the offences punishable under [STATUTE] . Allegation against this petitioner is of assaulting the informant by means of a Farsa hitting him on the head and resulting injuries. The FIR also attributes assault by other persons variously armed, named in the FIR. Learned counsel for the petitioner submits that there is no Farsa injury. He further submits that all the injuries are attributed to hard and blunt substance. It is further submitted that it is not possible to decipher as to who caused which injury and that considering the circumstances all others named in the FIR have been granted bail. Patna High Court Cr.Misc. No.33572 of 2011 (5) dt.14-02-2012 2 Be that as it may, considering the specific nature of allegation against the petitioner as set out in the FIR of causing head injury to the informant as also the injury report of the informant, which attributes not less than nine injuries with at least five injuries on his head it is sufficient to support the allegation. The allegation made by the informant stands corroborated by the injury report. No case for bail is made out presently. This application is dismissed. SKPathak/- (Jyoti Saran, 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.