Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.36520 of 2011 ====================================================== Chokha Rai son of Ramjee Rai, R/o village- Mahada, P.S.Raghopur, at present R/O village-Brahampur, Distt-Vaishali..... .... Petitioner/s Versus The State Of Bihar .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Yogesh Chandra Verma,Senior Advocate For the Opposite Party/s : Mr. A.H.M. Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) 3. 18-01-2012 Heard learned counsel for the parties. The petitioner is in custody in connection with Raghopur P.S.Case No.33 of 2011 for the offence punishable under [STATUTE] and section 27 of the Arms Act. Learned counsel for the petitioner submits that the alleged occurrence is a result of election dispute and that the allegations as set out in the F.I.R are omnibus and general in nature. With reference to paragraph nos.72, 73 and 84 of the case diary, it is submitted that during the course of investigation, it has come to light that the death of Yogendra Rai has been attributed to a shot fired by co-accused Jaipal Rai, the death of Dilip Rai has been attributed to a shot fired by Patna High Court Cr.Misc. No.36520 of 2011 (3) dt.18-01-2012 2 Binod Rai and co-accused Upendra Rai has been alleged to have fired at Madan Das causing his death. Learned counsel submits that in view of the aforesaid position, the petitioner at best can be charged with being a member of unlawful assembly. Having heard learned counsel for the parties and having considered the materials on record, let the petitioner Chokhu Rai be released on bail furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Vaishali at Hajipur in connection with Raghopur P.S.Case No.33 of 2011. 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.