Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.21022 of 2012 ====================================================== 1. Shyam Nandan Mishra S/O Late Radha Kant Mishra, Resident Of Village- Majargahi, P.S.- Biraul, Distrcit- Darabhanga .... .... Petitioner Versus 1. The State Of Bihar .... .... Opposite Party PRESENT: HONOURABLE MR. JUSTICE S.N. HUSSAIN ORDER 2. 07-06-2012. Heard learned counsel for the petitioner, learned counsels for the informant and learned counsel for the State. The petitioner is an accused in Biraul P.S.Case No.69 of 2012 for offences punishable under [STATUTE] . Learned counsel for the petitioner submits that admittedly the petitioner is the own uncle of the informant and the allegation in the F.I.R. is that he threw a rubber nail upon the informant due to which his eyes were injured and hence it is submitted that in any view of the matter, [STATUTE] would not be applicable in the instant case. So as the other allegation is concerned, learned counsel for the petitioner submits that the petitioner is an old retired employee of Bokaro Fertilizers and when he returned there was a Patna High Court Cr.Misc. No.21022 of 2012 (2) dt.07-06-2012 2 dispute with respect to ancestral land with his brother in which the informant sustained the alleged injury while he was removing the barbed wire put by the petitioner. Learned counsel for the petitioner further submits that the injury report clearly shows that the injury was swelling, bruises and hypheaema and iridodilysis caused by hard and blunt object. Learned counsel further submits that the petitioner has got no criminal antecedent and he is in custody since April 2012. In the aforesaid facts and circumstances of the case, this petition is allowed. Let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Biraul in connection with Biraul P.S.Case No.69 of 2012. ahk/- (S.N. Hussain, 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.