Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.10956 of 2012 ====================================================== Sudhakar Chaudhary, Son of Ramakant Choudhary. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 3 23-04-2012 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State, who is armed with carbon/xerox copy of the case diary. The petitioner seeks bail in a case registered under [STATUTE] and 27 of the Arms Act. The petitioner, who is languishing in custody, is one of the named accused in this case with allegation of resorting firing along with another upon the informant and others causing injuries to both the deceased. Anyhow, the informant and another occupant of the tractor-tailor escape in spite of indiscriminate firing by the group. Submission is of false implication only because petitioner is informant in an earlier instituted case of murder of his brother, wherein, present informant is also entrusted from other side and negotiation to settle the dispute was also been made. Further, petitioner has also no criminal antecedent. Having regard to the facts and circumstances of the case and direct allegations of shooting at the deceased which further finds support Patna High Court Cr.Misc. No.10956 of 2012 (3) dt.23-04-2012 2 / 2 2 from the postmortem report, for the present, I am not inclined to enlarge the petitioner on bail. Accordingly, prayer for regular bail of the above named petitioner, in connection with Parbatta P.S. Case No. 71 of 2011, pending in the court of Chief Judicial Magistrate, Khagaria, is hereby, refused. Simultaneously, the court below is directed to proceed expeditiously with the trial and avoid undue adjournments. Praveen-II/- (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.