Case Facts:
Patna High Court Cr.Misc. No.29592 of 2012 (2) dt.03-09-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.29592 of 2012 ================================================== 1. Bijay Choudhary S/O Ghuran Choudhary R/O Village - Amarut, P.S. Dobhi, District - Gaya 2. Raj Kumar Choudhary S/O Ghuran Choudhary R/O Village – Amarut, P.S. Dobhi, District - Gaya 3. Sanjay Choudhary S/O Ghuran Choudhary R/O Village - Amarut, P.S. Dobhi, District - Gaya .... .... Petitioners Versus The State Of Bihar .... .... Opposite Party ================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 2 03-09-2012 Learned counsel for the petitioners is permitted to make necessary corrections in paragraph no. 1 and prayer portion of this petition during course of the day. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners, who are languishing in custody since 11.05.2012, seek bail in a case registered under [STATUTE] , are named accused in this case of assault with allegation specifically against petitioner no. 1, Bijay Choudhary, inflicting several injuries upon the informant by deadly sharp cutting weapon and against remaining two petitioners, namely, Raj Kumar Choudhary and Sanjay Choudhary to assault other family members by Lathi. Submission is of false implication none else has been injured than the informant who of course sustained in size Patna High Court Cr.Misc. No.29592 of 2012 (2) dt.03-09-2012 injury caused by sharp cutting weapon but simple in nature. Having regard to the facts and circumstances of this case, the petitioner no. 2, Raj Kumar Choudhary and petitioner no. 3, Sanjay Choudhary are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya, in connection with Sherghati (Dhobi) P.S. Case No. 105 of 2012, subject to condition to remain physically present before the court below on each and every date till disposal of the case. In the event of failure on two consecutive dates, without any reasonable explanation, the privilege granted shall be deemed to be cancelled. Taking into consideration the number of injuries caused by petitioner no. 1, Bijay Choudhary, for the present his prayer for regular bail is hereby refused and court below is directed to proceed expeditiously with the trial and avoid undue delay and adjournments. This petitioner is at liberty to renew the prayer, before trial court itself after examination of informant during trial. Safik/- (Akhilesh Chandra, 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.