Case Facts:
Patna High Court Cr.Misc. No.43183 of 2011 (5) dt.04-04-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.43183 of 2011 ====================================================== 1. Sanjay Kumar Yadav @ Sanjay Yadav Deep Narain Yadav R/O,Vill.- Sukhasan,P.S.-Murliganj,Dist.-Madhepura .... Petitioner Versus 1. The State Of Bihar .... Opposite Party ====================================================== with Criminal Miscellaneous No.32140 of 2011 ====================================================== 1. Khemchandra Yadav @ Khemchand Yadav S/O Sri Deep Narain Yadav Resident Of Village- Sukhasan, P.S.- Murliganj (Arar O.P.), Distt.- Madhepura .... Petitioner Versus 1. The State Of Bihar .... Opposite Party ====================================================== Appearance : (In Cr.Misc. No.43183 of 2011) For the Petitioner/s : Mr. For the Opposite Party/s : Mr. (In Cr.Misc. No.32140 of 2011) For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 5 04-04-2012 Heard learned counsel for the petitioners and the State. This is an application for grant of anticipatory bail for offence under [STATUTE] . There is allegation of assault and snatching of Rs.10,000/-. The learned counsel for the petitioners submits that the petitioners are teachers and has taken the plea of alibi. The learned counsel for the State submits that in paragraphs 3, 4, 6, 8, 9 and 10 of the case diary the witnesses supported the prosecution case. The learned counsel for the petitioners, however, contends that in the subsequent paragraphs 82, 148, 149, 156, 176, 177 and 178 of the case diary, the witnesses stated that the injury of the victim has been caused by tractor. The injury report in paragraph 52 of the case diary suggests the injury of hard and blunt substance. The learned counsel for the petitioners submits that the both the parties are full brother. Patna High Court Cr.Misc. No.43183 of 2011 (5) dt.04-04-2012 Having regard to the facts and circumstances, I am not inclined to grant bail to the petitioners. The prayer for bail is rejected. If the petitioners surrender and pray for regular bail, it may be considered on it’s own merit without being prejudiced of this order. SA/- (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.