Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.14259 of 2012 ====================================================== Amit Chaudhary @ Amit Kumar Choudhary .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 23-04-2012 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] . It is alleged in the FIR that the informant was assaulted with Dab by Manish Chaudhary @ Chunnu twice causing injury on the head and left hand. One of the injuries has been found to be grievous. The petitioner was not named in the first information report but during investigation the informant in his statement has suggested that Manish Chaudhary was this petitioner. It is submitted by learned counsel for the Patna High Court Cr.Misc. No.14259 of 2012 (2) dt.23-04-2012 2/2 petitioner that Manish Chaudhary is the younger brother of the petitioner. The informant is his co-villager. The FIR was of 08.11.2011 when it was specifically named Manish Chaudhary and subsequently on 14.12.2011 protest petition was filed and in that also the same accusations were reiterated and after several months the informant tried to change his version when the informant was known to the petitioner. Considering the fact that in the FIR the accusation was not levelled against this petitioner, 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 Sub-divisional Judicial Magistrate, Pupri at Sitamarhi in connection with Nanpur P.S. Case No. 188 of 2011, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. 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.