Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.47833 of 2012 ====================================================== Sunil Kumar Mishra son of Late Sri Krishna Mishras, R/O Om Sharnam Apartment, Flat No.203, Devi Lane, Punaichak, P.S.Shashtri Nagar, district0Patna. .... .... Petitioner. Versus The State Of Bihar .... .... Opposite Party. ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 2. 05-12-2012. Heard Mr. Ajay Kumar Thakur, learned counsel appearing on behalf of the petitioner. The petitioner is in custody in connection with Shastri Nagar P.S. Case No.300 of 2011 registered for offence punishable under [STATUTE] . Considering the nature of allegation against the petitioner of having assaulted the deceased, his prayer for bail was earlier rejected by order dated 15.3.2012 passed in Cr.Misc.No.43550 of 2011. Learned counsel for the petitioner, with reference to the F.I.R has submitted that for a general nature of allegation of having assaulted the deceased by a Bhujali which allegation does not find support from the Post Mortem Report placed at Patna High Court Cr.Misc. No.47833 of 2012 (2) dt.05-12-2012 2 Annexure-3, the petitioner has suffered incarceration since 20.9.2011. Regard being had to the submissions of learned counsel, let the petitioner Sunil Kumar Mishra be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Patna in connection with Shastri Nagar P.S.Case No.300 of 2011, subject to the condition that the petitioner shall be personally present on each and every date fixed in the court below and the failure on the part of the petitioner to be present on two consecutive date fixed without any explanation to the satisfaction of the trial court, would entitle the court concerned to cancel the bail bonds of the petitioner and to take him into custody. ahk/- (Jyoti Saran, 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.