Case Facts:
Patna High Court Cr.Misc. No.17245 of 2011 (4) dt.03-04-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.17245 of 2011 ====================================================== Sukan Mahto, son of Amarnath Mahto, resident of village Bansghat, P.S. Chakia, district East Champaran .... Petitioner Versus The State Of Bihar .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 4 03-04-2012 Heard learned counsel for the petitioner and the State. This is a petition for grant of regular bail for offence under [STATUTE] . There is specific allegation of dagger blow on the chest and neck by which the victim succumbed to injury. The learned counsel for the petitioner submits that there is land dispute between the parties and the parties are descendants of common ancestors, the informant is not the eye witness. However, there are other witnesses, who supported the prosecution case that Sukhari Mahto went inside the house brought dagger (chhura) and gave the dagger blow to the deceased. Having regard to the facts and circumstances, I am not inclined to grant bail to the petitioner at this stage. The prayer for bail is rejected. However, the trial Court is directed to expedite the trial. If the trial is not concluded within one year, he may renew his prayer for bail. SA/- (Gopal Prasad, 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.