Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.11206 of 2012 ====================================================== Kanhai Rai @ Kanhai Lal Rai .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 06-04-2012 Heard learned counsels for the petitioner and the State. The petitioner is apprehending his arrest in a case registered for the offences punishable under [STATUTE] and 27 of the Arms Act. It is alleged in the FIR that on this order of this petitioner co-accused Guddu Rai fired shot causing injury to Shivnandan Rai when the other accused persons open fired causing injury to Gopi Rai, Kabita Kumari, Bijay Kumar and others. Subsequently Shivnandan Rai succumbed to the injuries. During investigation the accusation was found false against the petitioner but differing with the same cognizance was taken. The petitioner challenged the cognizance order before the Patna High Court Cr.Misc. No.11206 of 2012 (2) dt.06-04-2012 2/3 learned Sessions Judge when the cognizance was quashed with regard to the petitioner, when the informant challenged the same before this Court when the order taking cognizance against the petitioner was quashed by this Court. In the meantime, the police in pursuance to further investigation under Section 173(8) of the Cr.P.C. submitted charge-sheet against the petitioner also and consequently the cognizance was taken. The petitioner challenged the same in revision which was dismissed by the learned Sessions Judge and ultimately the quashing under Section 482 of the Cr.P.C. has also been dismissed on 31.01.2012. Considering the nature of accusation of being order giver and at initial round of investigation the accusation was found false, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Patna in connection with Phulwari (Gaurichak) P.S. Case No. 204 of 2004, subject to the Patna High Court Cr.Misc. No.11206 of 2012 (2) dt.06-04-2012 3/3 conditions as laid down under Section 438(2) of the Cr.P.C. The learned court below will be at liberty to cancel the bail of the petitioner if he defaults for three consecutive occasions. DKS/ (Dinesh Kumar Singh, 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.