Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 39976 of 2012 ====================================================== Mahendra Ram @ Mahen Prasad S/O Late Chhotan Ram Resident of Village – Mirjapur, Police Station - Hilsa, District – Nalanda. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Ajay Mukherjee, Advocate. For the Opposite Party : Mr. Pranav Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 2. 06-11-2012 Heard learned counsel for the petitioner and learned A.P.P. for the State. The petitioner is in custody in connection with Hilsa P.S. Case No. 68 of 2012 (G.R. No. 246/2012) registered for offence punishable under Sections 25 (1-AA) (1-B) (a)/26/35 of the Arms Act. Learned counsel for the petitioner submits that though the allegation is that the petitioner was caught in the open field manufacturing firearms and running a mini gun factory, but the same is not true. It is submitted that two persons are alleged to have been caught, the other being Rajesh Ram who tried to flee away and was caught but against the petitioner there is no allegation of trying to run away. Learned counsel submits that as per the F.I.R. it is clear that the petitioner was in the field at 7.00 A.M. in the morning and thus upon the police reaching there he did not Patna High Court Cr.Misc. No.39976 of 2012 (2) dt.06-11-2012 2 / 3 2 try to run away as he was nowhere connected with the said manufacturing of firearms. It is also the stand of the petitioner, as has been stated in paragraph no. 5, that the field from which the alleged seizure has been made does not belong to the petitioner and that nothing has been recovered from the house of the petitioner. Learned counsel submits that even the so called confessional statement is due to coercion by the police. Learned counsel submits that the petitioner is accused in another case under [STATUTE] which has been lodged by co-villagers and besides that there is no other criminal antecedent and the petitioner is not involved in any such activity. It is submitted that the petitioner is on bail in the other case. Learned counsel has also drawn the attention of this Court to Annexure-2 of the application which is a copy of order dated 04.07.2012 by which the other co-accused who has also been arrested from the spot namely, Rajesh Ram has been granted bail by a co-ordinate Bench of this Court in Cr. Misc. No. 15777 of 2012. Learned counsel submits that the petitioner is in custody since 26.02.2012 itself. Learned A.P.P. for the State opposes the prayer for bail and submits that the petitioner was caught in the act of manufacturing illegal firearms and thus does not deserve to be released on bail. Patna High Court Cr.Misc. No.39976 of 2012 (2) dt.06-11-2012 3 / 3 3 Upon hearing learned counsels for the parties and considering the facts and circumstances of the case, let the abovenamed petitioner be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Hilsa (Nalanda) in Hilsa P.S. Case No. 68 of 2012 (G.R. No. 246 of 2012) subject to the condition that one of the bailors shall be the near relative of the petitioner. Further, the petitioner shall also give an undertaking before the Court that he shall not indulge in any such activity in future. He shall also remain physically present before the Court on each and every date fixed. Failure to appear before the Court on two consecutive dates and violation of any terms and conditions of the bonds or the undertaking shall lead to cancellation of the bail bonds of the petitioner in the present case. The petitioner shall also file his attendance in the nearest police once every fortnight for the next six months. Anand Kr. (Ahsanuddin Amanullah, 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.