Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.13934 of 2012 ====================================================== Ranjit Paswan, Son of Late Kari Paswan. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 3 10-05-2012 Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor for the State, who is armed with xerox/carbon copy of the case diary. The petitioner, who is languishing in custody since 26.02.2011, seeks bail in a case registered under [STATUTE] and Section 27 Arms Act. In this case, instituted against three unknown, petitioner’s name emerged during investigation as one of the assailant of the deceased A.P.P. while returning to his home after finishing court work. Submission is of false implication and nothing emerging against the petitioner at initial stage of the investigation. However, while objecting the prayer, learned counsel representing the informant pointed out paragraphs – 95 to 98 of the supplementary case diary containing the statements of the witnesses claiming themselves to be an eye-witness and identifying the petitioner as one of the assailant of the deceased. Learned Additional Public Prosecutor, who is armed with xerox/carbon copy of the case diary of original investigation as well as supplementary investigation up to paragraph – 54 dated 11.10.2011 could not be able to either refute or accept the above submissions made on behalf of the informant. Similar is the Patna High Court Cr.Misc. No.13934 of 2012 (3) dt.10-05-2012 2 / 2 2 position of learned counsel representing the petitioner. Having regard to the facts and circumstances of the case, subject to verification and confirmation of statements of the witnesses recorded during supplementary investigation as referred to above, if the assertions made therein on behalf of the informant are found true, prayer for regular bail of the above named petitioner is refused with a direction to proceed expeditiously with the trial and avoid undue delay and adjournments, and if the statements are not found true and confirmed, the petitioner above named shall be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai, in connection with Cheriyabariyarpur P.S. Case No. 20/2011, subject to condition to remain physically present before the court below on each and every date till disposal of the case and in case of failure on two consecutive dates, without giving any reasonable explanation, the privilege granted shall be deemed to be cancelled. Praveen-II/- (Akhilesh Chandra, 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.