Case Facts:
Patna High Court Cr.Misc. No.43541 of 2011 (3) dt.20-03-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.43541 of 2011 ====================================================== Dilip Paswan, son of Rajendra Paswan, residents of Mohalla- Near V.T.School, Jehanabad, P.S. Jehanabad, District- Jehanabad. .... .... Petitioner. Versus The State of Bihar .... .... Opposite Party. ====================================================== with Criminal Miscellaneous No.44518 of 2011 ====================================================== Gautam Kumar, son of Shri Bhagwan Nishad, resident of Village- Malachak, Police Station and District- Jehanabad. .... .... Petitioner. Versus The State of Bihar .... .... Opposite Party.l CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 3 20-03-2012 Heard learned counsel for the petitioners and learned counsel for the State. This two bail petitions have been heard together and dispose of by the common order as both cases arises out of same p.s.cases i.e. Jehanabad P.S. Case No. 388 of 2011 (Sessions Trial No. 342/2011/78/2011) registered under [STATUTE] . It is alleged in the Fardbeyan that on 10. 07. 2011 at about 7.00 P.M. the informant was at his house and he was informed by the people of the vicinity that some persons have assaulted his son by firing bullet and also by dragger near Dulhan Vastralaya. On hearing the sound of firing he rushed to place of occurrence and saw that his injured son was crying and told him that Dilip Paswan along with four friends gave gun shot and dragger blow. Thereafter, the son of informant has died on way to hospital. Dilip Paswan was apprehended at the spot. Learned counsel for the petitioners submits that petitioner Dilip Patna High Court Cr.Misc. No.43541 of 2011 (3) dt.20-03-2012 Paswan was apprehended on the spot, but neither any gun nor any dragger has been found from the possession of Dilip Paswan. However, there is direct allegation against Dilip Paswan, petitioner in Cr. Misc. No. 43541 of 2011. Hence I am not inclined to grant bail to this petitioner at this stage. However, if the trial is not concluded within a year the petitioner may renew his prayer for bail. However the case of petitioner, Gautam Kumar in Cr. Misc. No. 44518 of 2011, is that there is no specific allegation against this petitioner. Only material against this petitioner is that his name has find place on the confessional statement of co-accused. Under the above facts and circumstances of the case. Gautam Kumar in Cr. Misc. No. 44518 of 2011, is directed to be released on bail on 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, Jehanabad, in connection with Jehanabad P.S. Case No. 388 of 2011. m.p. (Gopal Prasad, 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.