Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.43501 of 2011 ====================================================== 1.Salauddin Khan @ Salahuddin Khan, Son of Late Fula Khan. 2.Firoj Khan, Son of Jahangir Khan. 3.Istiyak Khan @ Istak Khan, Son of Ali Hussain Khan. 4.Jaffaruddin Khan, Son of Late Fula Khan. 5.Raju Khan, Son of Jafru Khan. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER (Per: HONOURABLE MR. JUSTICE AKHILESH CHANDRA) 2 27-01-2012 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. All the five petitioners are apprehending their arrest in connection with a case registered for the offence punishable under [STATUTE] and 27 of the Arms Act, are named accused in this case of assault in free fight between both the sides. There is counter version also by way of Bikramganj P.S. Case No. 107 of 2011 and both the sides sustained simple and grievous injuries. Out of total five petitioners, who carrying specific allegation of assaulting to five members of the Patna High Court Cr.Misc. No.43501 of 2011 (2) dt.27-01-2012 2 / 2 2 prosecution side, one, namely, Nijamuddin Khan sustained grievous injury author of which Raju Khan who in counter case has also sustained grievous injury, but other members of counter case, as submitted, have already been granted the privilege by a Bench of this Court vide order dated 11.11.2011 passed in Cr. Misc. No. 37123 of 2011. Considering the facts and circumstances of the case, in the event of their arrest/surrender before the court below within four weeks, let the above named petitioners be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand only) each with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Bikramganj, Rohtas, in connection with Bikramganj P.S. Case No. 106 of 2011, subject to condition laid down under Section 438 (2) of the Code of Criminal Procedure with additional condition to remain physically present before the court below till disposal of the case and in case of failure on two consecutive dates without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled. Praveen-II/- (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.