Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.16345 of 2012 ====================================================== 1. Daya Shankar Choudhary @ Daya Shankar Nonia S/O Late Banarashi Choudhary Resident Of Village- Kharahana, P.S.- Dhansoi, District- Buxar .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 23-04-2012 Heard learned counsels for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence punishable under sections 25(1-B)A, and 26 of the Arms Act. It is stated that prior to the institution of the present case another case being Dhansoi 70 of 2011 was instituted inter alia under [STATUTE] and section 27 of the Arms Act. In that case the petitioner has already been granted bail by order dated 4.4.2012 passed in Cr.Misc. No.8855 of 2012 by another Bench of this court. The present case has been instituted for the alleged recovery of a country made gun. It is submitted that the petitioner has falsely been implicated by the police. In the first case though the allegation was leveled of firing against the petitioner and causing injury to Ramawati Devi but charge-sheet has been submitted without obtaining complete Patna High Court Cr.Misc. No.16345 of 2012 (2) dt.23-04-2012 2 injury report. The injury report obtained by the police goes to suggest that the victim had sustained superficial abrasion injury. The seizure list in the present case goes to show that a country made gun was recovered from the possession of the petitioner. It has been brought to the notice of the court that the victim of Dhansoi P.S. Case No.70 of 2011 gave her oral statement on 8.9.2011 at 5.15 p.m. whereas the seizure list of the subsequent case which is present case being Dhansoi P.S. Case No.71 of 2011 was prepared at 5 p.m. showing recovery of arms from the possession of the petitioner. Thus, it raises suspicion about the prosecution case. Be that as it may, considering the facts and circumstances of the case the petitioner named above is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar, in connection with Dhansoi P.S. Case No.71 of 2011 subject to the conditions (i) that both the bailors will be close relative of the petitioner who will give separate affidavit giving genealogy as to how they are related with the petitioner (ii) that the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to Patna High Court Cr.Misc. No.16345 of 2012 (2) dt.23-04-2012 3 dissuade him to disclose such facts to the court or to any other authority (iii) that he shall remain present before the court on the dates fixed for hearing of the case. If he wants to remain absent, then he shall take prior permission of the court and in case of compelling and unavoidable circumstances for remaining absent, he shall immediately inform the court and request that he may be permitted to be present through 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 petitioner violates any of the conditions imposed by this court. Md.S./- (Ashwani Kumar Singh, 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.