Case Facts:
Patna High Court Cr.Misc. No.25795 of 2012 (3) dt.03-10-2012 1 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.25795 of 2012 ====================================================== Ramakant Yadav .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.36582 of 2011 ====================================================== Rajendra Yadav .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER ----------- 03/ 03.10.2012 Both the above stated petitions originate from Semara P.S. Case no. 35/2010 registered under [STATUTE] , 27 of the Arms Act and, accordingly, both the above stated petitions are being disposed off by this common order. Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State assisted by learned counsel for the informant. Earlier prayer for bail of the petitioner in Cr. Misc. no. 25795/2012 was rejected by this court vide order dated 25.7.2011 passed in Cr. Misc. no. 12922/2011. The allegation against the petitioner in Cr. Misc. no. 25795/2012 is that he along with one co-accused, namely, Dinesh Yadav gave lathi blows to the deceased- Shiv Sagar Yadav whereas allegation against the petitioner in Cr. Misc. no. 36582/2011 is concerned, he is said to have assaulted the deceased- Rajdev Yadav as Patna High Court Cr.Misc. No.25795 of 2012 (3) dt.03-10-2012 2 well as Nand Kishore Yadav with butt of gun and farsa respectively. Learned counsel appearing for the petitioners submits that there is case and counter case between the parties and persons from both sides sustained injuries. It is further contended by him that according to the prosecution case itself, alleged occurrence took place on account of land dispute. It is further contended by him that no injury on the chest of the deceased – Rajdev Yadav was found and similarly, no farsa injury was found on the person of deceased- Nand Kishore Yadav. It is further contended by him that co-accused Dinesh Yadav, against whom there is similar allegation, has already been granted privilege of bail by another bench of this court. Learned counsel appearing for the informant vehemently opposed the prayer pointing out that co-accused Dinesh Yadav has been granted bail on erroneous ground holding that he is not named in the first information report. He further submitted that both the petitioners participated in the alleged occurrence in which three persons were killed and, therefore, the petitioners do not deserve privilege of bail. Learned counsel for the informant pointed out that altogether six prosecution witnesses have already been examined in this case. Considering the above stated facts and circumstances as well submissions of the parties, I am not inclined to release the petitioners on bail and accordingly, their prayer for bail in connection with Semara P.S. Case no. 35/2010 pending in the court of Addl. Chief Judicial Magistrate, Bagaha, West Champaran at Bettiah is, Patna High Court Cr.Misc. No.25795 of 2012 (3) dt.03-10-2012 3 hereby, rejected. However, the learned trial court is directed to conclude the trial of the petitioners as early as possible. shahid (Hemant Kumar Srivastava,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.