Case Facts:
Patna High Court Cr.Misc. No.12816 of 2012 (2) dt.12-04-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.12816 of 2012 ====================================================== Binod Mahto @ Pankaj .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 12.04.2012 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner is in jail custody since 28.12.2010 in a case initially, registered under [STATUTE] , 3/ 4 of the Explosive Substance Act but later on, [STATUTE] was also added. Petitioner is not named in the first information report but it appears that in course of investigation two witnesses claimed to have seen the petitioner and other accused near the place of the occurrence just after alleged occurrence. It appears from the impugned order that except the aforesaid material, there is nothing against the petitioner. No doubt, alleged occurrence took place in the year 1997 and petitioner could be remanded in this case on 28.12.2010 but taking into consideration the aforesaid facts and circumstances as well as submissions and keeping in mind that having similar allegation some co-accused persons have already been granted privilege of bail, let the petitioner, Binod Mahto @ Pankaj, be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of Sri R.K.Singh, Judicial Magistrate, Ist Class, Sherghati, Gaya in Dumaria P.S. Case no. 19/1997. 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.