Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.37154 of 2012 ====================================================== Shivnath Yadav S/O Late Laldhari Yadav R/O Vill-Sirsi, P.S.-Bibhutipur, Distt-Samastipur. .... .... Petitioner Versus The State Of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 3 10-10-2012 Heard learned counsel for the petitioner and the learned Additional Public Prosecutor for the State. The petitioner is accused in Bibhutipur P.S. Case No. 278 of 2011 registered under [STATUTE] . Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case due to land dispute. Moreover, the allegation against the petitioner is to give Farsa blow on the head of the deceased, Rameshwar Yadav, but from the post mortem report (Annexure-6 to this application), it is evident that the injuries as found on the head of the deceased was caused by hard and blunt object not by sharp cutting weapon as alleged in the First Information Report. It is further submitted that petitioner is in custody since 09.04.2012. Having regard to the facts and circumstances of the Patna High Court Cr.Misc. No.37154 of 2012 (3) dt.10-10-2012 2 case, the petitioner, is directed to be released on bail on his furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Rosera in connection with Bibhutipur P.S. Case No. 278 of 2011. Safik/- (Rajendra Kumar Mishra, J)

Applicable IPC Section: 452

Statute Text:
Section 452 of the Indian Penal Code. House-trespass, having made preparation for causing hurt, assault, etc. Whoever commits house-trespass, having made preparation for causing hurt to any person or for assaulting any person, or for wrongfully restraining any person, or for putting and person in fear of hurt, or of assault, or of wrongful restraint, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.