Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.2476 of 2012 ====================================================== Shiv Nandan Yadav @ Shivnandan Yadav, Son of Late Bauku Yadav, Resident of Village-Puri Thatha, Police Station-Mansi, District-Khagaria. .... .... Petitioner. Versus The State Of Bihar .... .... Opposite Party. ====================================================== Appearance : For the Petitioner/s : Mr. Dr. Amarendra Kumar No.I, Advocate. For the Opposite Party/s : Smt. Anusuiya Jaiswal, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA) 2 18-01-2012 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case which is now under [STATUTE] . Initially it was registered under [STATUTE] on 09.06.2011 but after death by order dated 13.06.2011 [STATUTE] has been added. Allegation is against seven named accused persons. Allegation against this petitioner is that he has tried to twist the neck of the informant’s father Bisheshar Yadav and thereafter Indradeo Yadav has attacked upon the informant’s father by iron rod as a result thereof he became unconscious and later on died. Submission is that the allegation of giving fatal blow Patna High Court Cr.Misc. No.2476 of 2012 (2) dt.18-01-2012 2 /2 is against Indradeo Yadav and not against the petitioner. Considering the facts and circumstances of the case, the above named petitioner 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 learned Chief Judicial Magistrate/court concerned, Khagaria in connection with Mansi P.S. Case No. 67 of 2011. kksinha/- (Shyam Kishore Sharma, 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.