Case Facts:
Patna High Court Cr.Misc. No.17247 of 2012 (3) dt.09-07-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.17247 of 2012 ====================================================== Kuldeep Mahato .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 3 09-07-2012 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner is in jail custody since 27.8.2010 in a case registered under [STATUTE] . Earlier prayer for bail of the petitioner was rejected by this court vide order dated 20.6.2011 passed in Cr. Misc. no. 8977/2011 with specific direction to the trial court to conclude the trial of the petitioner preferably, within nine months from the date of receipt of the aforesaid order The learned trial court has reported that charge against the petitioner was framed on 20.9.2011 and up till now, two prosecution witnesses have been examined. The trial court has further reported that processes including non-bailable warrant of arrest have already been issued against the remaining prosecution witnesses through senior S.P, Muzaffarpur but up till now, no execution report has been received to the trial court. There is specific allegation against the petitioner that he mercilessly assaulted the deceased by means of lathi and, therefore, I am not inclined to release the petitioner on bail. Accordingly, his prayer for bail in connection with Kanti P.S. Patna High Court Cr.Misc. No.17247 of 2012 (3) dt.09-07-2012 Case no. 227/2010 arising out of Sessions trial no. 8/2011 pending in the court of 7th Addl. Sessions Judge, Muzaffarpur is again rejected. However, the learned trial court is directed to conclude the trial of the petitioner within six months from the date of receipt of a copy of this order. Let a copy of this order be sent to senior S.P, Muzaffarpur with direction to him to ensure the presence of the remaining prosecution witnesses of Sessions trial no. 8/2011 arising out of Kanti Case no. 227/2010 before learned 7th Addl. Sessions Judge, Muzaffarpur within four months from the date of receipt of this order. Any laches on the part of senior S.P, Muzaffarpur shall be viewed seriously. 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.