Case Facts:
Patna High Court Cr.Misc. No.32566 of 2012 (2) dt.30-08-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.32566 of 2012 ====================================================== Ashok Mahto @ Ashok Prasad, son of Hari Mahto, Resident of Village:- Badhauna, P.S. Pakri Barma, District- Nawada. .... .... Petitioner. Versus The State of Bihar .... .... Opposite Party. CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 2 30-08-2012 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner has been arrested in connection with Silaw (Rajgir) P.S. Case No. 213 of 2005, registered under [STATUTE] and Section 25(1-B)a, 26 and 27 of the Arms Act. It is alleged police on secret information raided the place of occurrence and there was firing and counter between the police party and the accused persons. However, they flee away and two persons came and disclosed the name of five persons including this petitioner who have been fired and police party found there were several fire arms. However, fire arms seized and seizure list was prepared. Learned counsel for the petitioner submits that petitioner was neither arrested at the spot nor any recovery has been made from the possession of the petitioner. It is further submitted that having similarly situated co-accused Sanjay Mahto and Bipin Patna High Court Cr.Misc. No.32566 of 2012 (2) dt.30-08-2012 Kumar have been granted bail by this Court in Cr. Misc. No. 26655 of 2008 and Cr. Misc. No. 49284 of 2008 and the case of the petitioner is on similar footing. Having regard to the facts and circumstances of the case, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge, F.T.C.5, Biharsharif at Nalanda, in connection with Silaw (Rajgir) P.S. Case No. 213 of 2005, in Sessions Trial No. 167 of 2011. m.p. (Gopal Prasad, 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.