Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 47824 of 2012 ====================================================== Ajay Rai Son of Late Anandeo Rai resident of Village Misrauli, P.S. Bhorey, District- Gopalganj. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. For the Opposite Party : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 2. 17-12-2012 Heard learned counsel for the petitioner and learned A.P.P. for the State. The petitioner is in custody in connection with Bhorey P.S. Case No. 266 of 2012 registered for offence punishable under [STATUTE] . Learned counsel for the petitioner submits that [STATUTE] is absolutely not applicable in the case for the reason that even if the allegation is accepted to be true then also throwing of acid on the face cannot be construed to be an attempt to murder. He further points out that the parties are agnates and there is land dispute between them since past. Learned counsel further points out to the fact that in a proceeding before the Revenue Authority with regard to the land, there is an order in favour of the petitioner and his family members in a case filed by the prosecution side. It is further Patna High Court Cr.Misc. No.47824 of 2012 (2) dt.17-12-2012 2 / 2 2 submitted that there are two other criminal cases in which the accused in the present case is the informant. Learned counsel submits that the petitioner was made accused in one case earlier in which he has already been acquitted and subsequent to that, apart from the present case, there is no other case pending. It is further submitted that the petitioner is in custody since 31.10.2012 after having surrendered before the Court. Learned counsel has also drawn the attention of this Court to the injury report of the two persons alleged to have been injured which discloses that there is burn injury but simple in nature. He contends that the same is also self creation of the prosecution side in order to falsely implicate the petitioner and his family members. Learned A.P.P. for the State submits that the petitioner has thrown acid on the face of the injured persons and does not deserve to be released on bail. Upon hearing learned counsels for the parties and considering the facts and circumstances of the case, let the abovenamed petitioner be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gopalganj in connection with Bhorey P.S. Case No. 266 of 2012. Anand Kr. (Ahsanuddin Amanullah, 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.