Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.21022 of 2012 ====================================================== 1. Shyam Nandan Mishra S/O Late Radha Kant Mishra, Resident Of Village- Majargahi, P.S.- Biraul, Distrcit- Darabhanga .... .... Petitioner Versus 1. The State Of Bihar .... .... Opposite Party PRESENT: HONOURABLE MR. JUSTICE S.N. HUSSAIN ORDER 2. 07-06-2012. Heard learned counsel for the petitioner, learned counsels for the informant and learned counsel for the State. The petitioner is an accused in Biraul P.S.Case No.69 of 2012 for offences punishable under [STATUTE] . Learned counsel for the petitioner submits that admittedly the petitioner is the own uncle of the informant and the allegation in the F.I.R. is that he threw a rubber nail upon the informant due to which his eyes were injured and hence it is submitted that in any view of the matter, [STATUTE] would not be applicable in the instant case. So as the other allegation is concerned, learned counsel for the petitioner submits that the petitioner is an old retired employee of Bokaro Fertilizers and when he returned there was a Patna High Court Cr.Misc. No.21022 of 2012 (2) dt.07-06-2012 2 dispute with respect to ancestral land with his brother in which the informant sustained the alleged injury while he was removing the barbed wire put by the petitioner. Learned counsel for the petitioner further submits that the injury report clearly shows that the injury was swelling, bruises and hypheaema and iridodilysis caused by hard and blunt object. Learned counsel further submits that the petitioner has got no criminal antecedent and he is in custody since April 2012. In the aforesaid facts and circumstances of the case, this petition is allowed. Let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Biraul in connection with Biraul P.S.Case No.69 of 2012. ahk/- (S.N. Hussain, J.)

Applicable IPC Section: 326

Statute Text:
Section 326 of the Indian Penal Code. Voluntarily causing grievous hurt by dangerous weapons or means. Whoever, except in the case provided for by section 335, voluntarily causes grievous hurt by means of any instrument for shooting, stabbing or cutting, or any instrument which, used as a weapon of offence, is likely to cause death, or by means of fire or any heated substance, or by means of any poison or any corrosive substance, or by means of any explosive substance, or by means of any substance which it is deleterious to the human body to inhale, to swallow, or to receive into the blood, or by means of any animal, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.