Case Facts:
Patna High Court Cr.Misc. No.17017 of 2011 (6) dt.01-03-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.17017 of 2011 ====================================================== 1. Pannalal Pathak, son of late Ram Prit Pathak 2. Chhotan Pathak @ Harendra Pathak, son of Pana Lal Pathak Both R/o – village Barej, P.S. – Mohania, District - Kaimur 3. Sheo Sangar Kohar, son of late Deo Kohar All R/o – village Dadwas, P.S. – Mohania, District – Kaimur. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 6 01-03-2012 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State, who is armed with carbon/xerox copy of the case diary up to paragraph – dated Earlier prayer for anticipatory bail of petitioner no. 1 namely Pannalal Pathak has been withdrawn vide order dated 28.07.2011. The two petitioners, apprehending their arrest in connection with a case registered for the offence punishable under [STATUTE] and 27 of the Arms Act, are named accused in this case with allegation of assault to the prosecution side. Petitioner no. 3 Sheo Sagar Kohar carries specific allegation of shooting at Pankaj Tiwary. Submission is of false implication only due to conviction of prosecution side in earlier instituted case wherein petitioner no. 3 is one of the witness and father of petitioner no. 2 was informant. Further, submission is that injuries are manufactured and just to ascertain vide paragraph 26 of the case diary the said injured was referred to B.H.U. but till date no injury report is there. Investigation is going on. In view of the above, in the event of their arrest/surrender Patna High Court Cr.Misc. No.17017 of 2011 (6) dt.01-03-2012 before the court below within four weeks, till conclusion of investigation/submission of charge-sheet, let the above named petitioner nos. 2 and 3 be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand only) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Kaimur, in connection with Mohania P.S. Case No. 96 of 2011, subject to condition laid down under Section 438 (2) of the Code of Criminal Procedure with additional condition to remain physically present before the court below on each and every date till conclusion of investigation/submission of charge-sheet, in case of failure on two consecutive dates without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled. Rajeev/- (Akhilesh Chandra, 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.