Case Facts:
Patna High Court Cr.Misc. No.30759 of 2012 (2) dt.14-08-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.30759 of 2012 ====================================================== Rakesh Ray @ Rakesh Rai, s/o Kailash Rai, resident of village Tulsipur, P.S. Kharik, district Bhagalpur .... Petitioner Versus The State Of Bihar .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 2 14-08-2012 Heard learned counsel for the petitioner and the State. This is a petition for grant of regular bail for offence under [STATUTE] and 27 of the Arms Act. The learned counsel for the petitioner submits that the petitioner was not present at the spot rather he was in jail and only allegation against the petitioner is that he conspired from jail. It has also been submitted that there is no material to suggest a conspiracy and only material shown is that Mukesh and Kailash Rai, who are brother the father of the petitioner, had gone to meet the petitioner in the jail and except that there is no material to state that what act has been committed by the petitioner, hence, there is no material for conspiracy. The petitioner is remanded in this case on 14.09.2011. Hence, having regard to 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/- (rupees ten thousand) with two sureties of the like amount each in connection with S. Tr. No. 1227 of 2011 arising out of Bihpur (Jhandapur) P.S. Case No. 66 of 2011 to the satisfaction of Additional Sessions Judge, III, Naugachia, Bhagalpur. SA/- (Gopal Prasad, 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.