Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.17316 of 2012 ====================================================== 1. Ibrahim, S/o Tajamnul, resident of village-Chhatta Tola Posdaha, P.S.- Narpatganj, District-Araria. 2. Quiyum. 3. Ayub. 4. Saijum, All sons of Late Shabbir, resident of village-Khaira Chanda, P.S.-Narpatganj, District-Araria. .... .... Petitioners Versus The State of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 25-04-2012 A supplementary affidavit has been filed on behalf of the petitioners, let it be kept on record. Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State. The petitioners seek bail in a case instituted under [STATUTE] . It is stated that the specific allegation of causing fatal injury upon the deceased is against co-accused Md. Abbas. In all 11 persons including three petitioners have been named in the F.I.R. There is general and omnibus allegation against all accused persons of assaulting upon the deceased. A copy of the postmortem report has been brought on record as annexure-2 to the supplementary affidavit. Referring to the injuries found on the person of the deceased, it is submitted that only one injury was found on right parietal region of scalp whereas the second injury is only blackening and swelling of right eye. Patna High Court Cr.Misc. No.17316 of 2012 (2) dt.25-04-2012 2 / 2 2 The further contention is that co-accused Md. Firoz who is identically situated to that of the petitioners has already been granted bail by order dated 17.4.2012 passed in Cr. Misc. No. 13458 of 2012 by this Court. Be that as it may, considering the facts and circumstances of the case, the petitioners are directed to be released on bail on their executing a bond with two solvent sureties, each in a sum of Rs. 10,000/- (Ten Thousand only) to the satisfaction of the learned Chief Judicial Magistrate, Araria in connection with Narpatganj P.S. Case No. 352 of 2011 on the following conditions: (i) That both the bailors will be close relative of the petitioners who will give separate affidavit giving genealogy as to how they are related with the petitioners. (ii) That the petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him to disclose such facts to the court or to any other authority. (iii) That they shall remain present before the court on the dates fixed for hearing of the case. If they want to remain absent, then they will take prior permission of the court and in case of compelling and unavoidable circumstances for remaining absent, they will immediately inform the court and request that they may be permitted to be present through their counsel. (iv) That liberty is given to the State to make an appropriate application for modifying/recalling the order granting bail, if for any reason, the petitioners violate any of the conditions imposed by this Court. Sanjeet/- (Ashwani 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.