Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.18806 of 2012 ====================================================== Jai Mangal Rai S/O Late Ramparikshan Rai, Village- Bhavarua, P.S- Madhuban, District- East Champaran (Motihari) .... .... Petitioner Versus The State Of Bihar .... .... Opposite Party ====================================================== ====================================================== CORAM: HONOURABLE MR. JUSTICE V.N. SINHA ORAL ORDER 2 07-06-2012 Heard learned counsel for the petitioner and the State. Petitioner is apprehending his arrest in connection with a case registered for the offence under [STATUTE] and Section 27 of the Arms Act. He is named in the First Information Report along with five other co-accused. It is submitted on behalf of the petitioner that he along with others have been implicated in the instant case as there is a counter case bearing Rajepur P.S.Case No. 101/10. It is further submitted on his behalf that although he is named in the First Information Report as accused no. 6, there is no specific allegation against him that he resorted to firing, as has been alleged against Mukhlal Rai, who is the order giver and Ruplal Rai is said to have opened fire but petitioner and others have not been assigned any specific overt act. Considering the fact that petitioner is not alleged to Patna High Court Cr.Misc. No.18806 of 2012 (2) dt.07-06-2012 2 have committed any overt act, he, named above, is directed to surrender in the court below within four weeks from the date of receipt/production of a copy of this order in the court below and thereafter be admitted to the privilege of bail on furnishing bail bond of Rs. 5,000/- (Five thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M., East Champaran in connection with Rajepur P.S.Case No. 102/2010, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. Pravin/- (V.N. Sinha, 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.