Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.10689 of 2012 ====================================================== Shambhu Mahto, Son of Sri Mahendra Mahto. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 3 05-04-2012 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State, who is armed with carbon/xerox copy of the case diary up to paragraph – 105 dated 15.03.2010. The petitioner seeks bail in a case registered under [STATUTE] and 27 of the Arms Act. The petitioner, who is in custody since 11.02.2012, is one of the named accused in this case of killing of one Sanjay Biatha. Submission is of false implication and even the informant subsequently is figuring one of the named accused perhaps on the basis of complaint petition filed by the father of the deceased, but in further statement, the informant and the father of the deceased besides other witnesses examined during investigation have said nothing specifically against the petitioner rather uttered about the petitioner being unarmed and committing no wrong. Further, petitioner also has no criminal antecedent. If, it is so, considering the facts and circumstances of the case, the petitioner above named is directed to 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 Chief Judicial Magistrate, Sitamarhi, in connection with Sahiara P.S. Case No. 05 of 2008, subject to condition to Patna High Court Cr.Misc. No.10689 of 2012 (3) dt.05-04-2012 2 / 2 2 attend the court regularly 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.