Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 5188 of 2010 ====================================================== Awadhesh Yadav, son of Chandrika Yadav, resident of village – Garbasahi, Police Station – Chautarwa, District – West Champaran .... .... Petitioner/s Versus State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Anand Kishore Choudhary For the Opposite Party/s : Mr. A. H. M. Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL ORDER (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) ******************** 06. 25.01.2012 Petitioner is an accused under [STATUTE] read with section 27 of the Arms Acts in Chautarwa (Bathwaria) P. S. Case No. 161 of 1999. Earlier prayer for bail of the petitioner was rejected in the year 2008 with a hope that trial of the case would be expedited, as the matter related to the year 1999. From the reports, furnished, there seems to be no substantial progress in this regard. Therefore, taking into consideration, the nature of offence as also the fact that the petitioner has been in custody since 20th of July, 2007, let the petitioner, namely, Awadesh Yadav, is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Bagaha, West Champaran in connection with Patna High Court Cr.Misc. No.5188 of 2010 (7) dt.25-01-2012 2/2 Chautarwa (Bathwaria) P. S. Case No. 161 of 1999. One of the sureties be executed by wife of the petitioner after due verification as to her identity and another by one Mr. Amal Yadav, son of Late Triveni Yadav, who has sworn affidavit in the present case and who is said to be father-in-law of the petitioner. Petitioner would be obliged to appear in the trial on each and every date either himself or through his counsel and cooperate in the trial and ensure that no infringement is caused in the smooth conduct of the trial. Petitioner must also ensure that after release, he will not indulge in any criminal activity. If he is found to have committed any serious offence, prosecution may have liberty to move the Court below for cancellation of his bail. SKM/- (Ajay Kumar Tripathi, 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.