Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.5645 of 2012 ====================================================== 1. Raushan Rai S/O Birendra Rai R/O Vill Akilabad, P.S.Sadar Hajipur, Distt-Vaishali .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== With Criminal Miscellaneous No.5849 of 2012 ====================================================== 1. Kaushal Rai @ Kaushal @ Ravish Kumar @ Ravish S/O Birendra Rai Resident Of Village- Akilabad, P.S- Sadar Hajipur, District- Vaishali .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== With Criminal Miscellaneous No.5850 of 2012 ====================================================== 1. Jaganath Rai @ Jagarnath Rai S/O Late Munna Rai Resident Of Village- Akilabad, P.S- Sadar Hajipur, District- Vaishali 2. Suman Kumar Rai @ Sumit Kumar @ Sumit Rai @ Raja S/O Nageshwar Rai Resident Of Village- Akilabad, P.S- Sadar Hajipur, District- Vaishali 3. Amod Rai S/O Late Jang Bahadur Rai Resident Of Village- Akilabad, P.S- Sadar Hajipur, District- Vaishali .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 29-02-2012 Heard learned counsels for the petitioners and the State. Patna High Court Cr.Misc. No.5645 of 2012 (2) dt.29-02-2012 2/3 The petitioners are apprehending their arrest in a case registered for the offences punishable under [STATUTE] , 27 of the Arms Act and sections 3 (ii) (iv) of the SC/ST (Prevention of Atrocities) Act. The specific accusation of causing fire arm injury is against Navin Kumar Rai and making assault with sword is against petitioner Raushan Kumar. Though it is submitted by learned counsel for the petitioners that the injuries have been found to be simple caused by petitioner Raushan Kumar. That can be a good ground for grant of regular bill. Since there is specific accusation against him, this Court is not inclined to grant anticipatory to the petitioner namely, Raushan Kumar. Accordingly, prayer for anticipatory bail is dismissed. So far other petitioners are concerned, there is no specific accusation of making assault, let the petitioners namely, Kaushal Rai @ Kaushal @ Ravish Kumar, Ravish, Jaganath Rai @ Jagarnath Rai, Suman Kumar Rai @ Sumit Kumar @ Sumit Raj @ Raja and Amod Rai be released on anticipatory bail in the event of Patna High Court Cr.Misc. No.5645 of 2012 (2) dt.29-02-2012 3/3 their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Sadar Hajipur P.S. Case No. 363 of 2011, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. DKS/ (Dinesh Kumar Singh, J.)

Applicable IPC Section: 323

Statute Text:
Section 323 of the Indian Penal Code. Voluntarily causing hurt. Whoever, except in the case provided for by section 334, voluntarily causes hurt, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.