Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.5131 of 2012 ====================================================== Birendra Yadav, son of Jirakhan Yadav, resident of village Chandos, P.S. Sigori, District Patna .... .... Petitioner Versus The State Of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 4 20-06-2012 Heard counsel for the parties. The prayer for bail of the petitioner was earlier rejected on two occasions by the order dated 5.10.2010 in Cr.Misc.No. 29003/2010 and the order dated 12.5.2011 in Cr.Misc.No. 9147/2011. Mr. Sudhanshu Kumar Lal, learned counsel appearing on behalf of the petitioner, has submitted that though there is an allegation against the petitioner and Tejan Yadav of causing gun shot injury on the injured Binay Yadav and Deepak Yadav but the police despite supporting of the said allegation by a number of witnesses in course of investigation had submitted a final form against co-accused Tejan Yadav and charge sheet under [STATUTE] . against the petitioner. He has further submitted that there is no injury report of the two injured persons which could have authenticated the alleged ocular version regarding causing fire arm injuries by the petitioner. He has also submitted Patna High Court Cr.Misc. No.5131 of 2012 (4) dt.20-06-2012 2 that the petitioner is in custody since 7.5.2010 and his criminal antecedent is almost clean, inasmuch as he has only one more criminal case against him in which he has already been released on bail. Counsel for the State has no answer to any of the aforementioned submissions and in fact he himself has pointed out by reading from the case diary that despite repeated requests of Investigating Officer to the doctor of Patna Medical College and Hospital for giving him a copy of the injury report the latter had declined to give him by taking a plea that he (doctor) would send it directly to the Court. From the records produced by the learned counsel for the State it does not transpire that there is any injury report supporting the allegation of gun shot injury caused by the petitioner. In that view of the matter and specially when co- accused Tejan Yadav having exactly similar allegation has not even been sent up for trial and a final form has been submitted against him, this Court by also taking into consideration that the petitioner Birendra Yadav in relation to an offence under [STATUTE] . has remained in custody for a period over two years, would direct for his release on bail on his furnishing bail bond of Rs. 10,000/- (Rs. ten thousand) with two sureties of the like Patna High Court Cr.Misc. No.5131 of 2012 (4) dt.20-06-2012 3 amount each to the satisfaction of A.D.J.III, Danapur in S.Tr.No. 1489/2010 arising out of Sigori P.S.Case No. 65/2009, subject to the following three conditions: (i) Two bail bonds will be furnished, one by the Government servant and the other by a close family relative. (ii) The petitioner will remain present in course of trial on each and every day and his absence without any reasonable cause even for a single day would automatically entail the consequences of cancellation of bail. (iii) The petitioner, in case, is now made accused in any other criminal case that by itself would lead to cancellation of his bail being granted by this order. With the aforesaid observations and directions, this application is disposed of. surendra/- (Mihir Kumar Jha, 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.