Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.41258 of 2012 ====================================================== Dinesh Yadav, Son of Kishun Yadav. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 3 21-11-2012 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner, who is languishing in custody, seeks bail in a case registered under [STATUTE] , Section 3/4 of Explosive Substance Act, Section 27 of the Arms Act and Section 17 of Crime Control Amendment Act. In this case of the year 2005, instituted against unknown, petitioner’s name emerged during re-opened investigation after conclusion of trial in two session’s trial arising out of same police station case resulting into acquittal and one trial is already going on. Submission is of false implication without any material and at no point of time any step was taken to summon the petitioner under Section 319 of the Code of Criminal Procedure. Further, he carries no criminal antecedent. If it is so, having regard to the facts and circumstances of the case, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge – I, Munger in connection with Sessions Case No. 614 of 2012 (arising out of Suppl. Kharagpur P.S. Case No. 04 of 2005), subject to condition to remain Patna High Court Cr.Misc. No.41258 of 2012 (3) dt.21-11-2012 2 physically present before the court below on each and every date till disposal of the case and in case of failure on two consecutive dates without giving any reasonable explanation, the privilege 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.