Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.44287 of 2012 ====================================================== 1. Dharmendra Kumar @ Dharmendra Sah son of Armadhar Sah 2. Sant Lal Sah son of Late Suraj Sah, resident of village- andn P.S.Deoriya, Dist- Muzaffarpur.. .... .... Petitioners Versus The State Of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Arun Kumar, Advocate For the Opposite Party/s : Mr. Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 2. 12-12-2012. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners are in jail in connection with Deoriya P.S.Case No.34 of 2012 for the offence punishable under [STATUTE] since 1.09.2012 and pray for grant of regular bail. As per the prosecution case the informant’s brother Dinesh Sah was assaulted severely by one Pappu Sah and other unknown persons causing serious injuries. Subsequently, the said Danish Sah disclosed that these petitioners also participated in the crime. The petitioners are not named in the F.I.R. Learned counsel for the petitioners submits that no case under [STATUTE] is made out. Patna High Court Cr.Misc. No.44287 of 2012 (2) dt.12-12-2012 2 In view of the allegation contained in the F.I.R that the accused persons had assaulted the victim with fists, slaps and bamboo (lathi and danda) and in view submissions made out on behalf of the petitioners, let the petitioners Dharmendra Kumar alias Dharmendra Sah and Santlal Sah be released on bail on their furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Muzaffarpur (West) in connection with Deoriya P.S.Case No.34 of 2012. ahk/- (Chakradhari Sharan 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.