Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.11093 of 2012 ====================================================== Md. Nihal & Anr. .... .... Petitioners. Versus The State Of Bihar .... .... Opposite Party. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 4 28-06-2012 Heard learned counsels for the petitioners, informant and the State. The petitioners are apprehending their arrest in a case registered for the offences punishable under [STATUTE] . Subsequently, [STATUTE] . was also added. The accusation is of assault by petitioners and 8-10 persons to uncle of the informant who subsequently succumbed to injuries. It is also alleged that accused persons assaulted the informant. It is submitted that F.I.R. was lodged after six days of occurrence. Hence it caused delay in lodging of the F.I.R. The accusation is omnibus and general and during investigation it has come that the victim received head injury in an accident. It is submitted by learned counsel for the Patna High Court Cr.Misc. No.11093 of 2012 (4) dt.28-06-2012 2 / 2 2 informant that the accusation is of assault against the petitioners and the informant also received grieveous injury. Considering the nature of accusation, this Court is not inclined to grant anticipatory bail to the petitioners. Let the learned court below consider prayer for regular bail of the petitioners Md. Nihal and Md. Belal if they surrender within six weeks from the date of receipt of copy of this order in connection with Salkhua P.S. Case No. 81 of 2011, G.R. No. 921 of 2011 pending in the court of the learned C.J.M., Saharsa. With this observation, the application is disposed off. Let the order be faxed to the learned court below at the cost of the petitioners. U.K./- (Dinesh Kumar Singh, 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.