Case Facts:
Patna High Court Cr.Misc. No.19685 of 2012 (3) dt.13-07-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.19685 of 2012 ====================================================== 1. Ballam Yadav S/O Aajoy Yadav .... .... Petitioner/s Versus 1. The State Of Bihar. .... .... Opposite Party/s ====================================================== ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 3 13-07-2012 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is in jail custody since 10.02.2012 in a case initially, registered under [STATUTE] and 27 of the Arms Act but later on, [STATUTE] was also added. No doubt, petitioner is named in the first information report with allegation that at the time of alleged occurrence he was carrying rifle in his hand but no specific overt-act has been attributed against him and according to prosecution case itself, it was co-accused Mahesh Yadav who opened fire on the deceased. Moreover, no cartridge of rifle was found on the place of occurrence and para-14 of the case diary reveals that only cartridges of gun were seized from the place of occurrence. Considering the aforesaid facts and circumstances as Patna High Court Cr.Misc. No.19685 of 2012 (3) dt.13-07-2012 well as submissions of the parties, let the petitioner 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 Additional Chief Judicial Magistrate, Barh, Patna in connection with Mokama P.S. Case No. 05 of 2012. SHAHZAD/- (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.