Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.22823 of 2011 1. Panna Lal Rai 2. Rajendra Rai, both sons of Late Ramgya Rai. 3. Ramesh Rai, son of Rajendra Rai. All residents of Village- Sathaura, P.S. Itna, District- East Champaran :---petitioners. Versus The State Of Bihar ---------------------------------- For the petitioners :- Mr. Yogesh Chandra Verma, Senior Advocate. M/S. Indu Bala Pandey, Ansul, Advocates. For the State :- Mr. N.N. Tiwary, A.P.P. ======= 3. 03.01.2012. Heard learned counsel for the petitioners and the State. 2. This petition has been filed for quashing the order dated 28.05.2011 passed by S.D.J.M., Sikrahana at Motihari in Trial No. 1654 of 2010, arising out of Complaint Case No. 323 of 2008 by which the provisional bail allowed to the petitioners in compliance of the earlier order of the High Court dated 8.5.2009 passed in Cr. Misc. No. 51973 of 2008 has been cancelled on the ground that the antecedent of the petitioners is not clean. 3. It is submitted on behalf of the petitioners that earlier petitioners filed Cr. Misc. No. 51973 of 2008 praying, inter alia, for grant of bail in the event of arrest in connection with Complaint Case No. 323 of 2008. This Court under orders dated 08.05.2009 disposed of Cr. Misc. No. 51973 of 2008 asking the court below to verify the antecedent of the petitioners and if their antecedent was absolutely clean then to admit them to 2 the privilege of bail with further direction that until verification is made, no coercive steps be taken against the petitioners. In the light of the aforesaid order dated 08.05.2009 petitioners surrendered before the court below on 15.05.2009, whereafter petitioners were admitted to the provisional bail and report was sought from the local police under letter dated 1.6.2009 referred to in Annexure-4. From the report submitted by the local police, it appears that the antecedent of Petitioner Nos. 2-4 is absolutely clean and Petitioner No. 1 Panna Lal Rai was made accused in one Ghora Sahan (Jitna) P.S.Case No. 147 of 1989 dated 8.11.1989 for the offences under Sections 379/411 of the penal Code. It is submitted on behalf of Petitioner No. 1 that he was acquitted in the said Ghorasahan case in the year 1993. It is also submitted on behalf of the petitioners that even after receipt of the report dated 01.06.2009 provisional bail allowed to the petitioners were not being confirmed and the matter was being adjourned from time to time and petitioners had to approach this Court for modification of the order dated 08.05.2009 by filing Cr. Misc. No. 12852 of 2011 which was disposed of under orders dated 19.4.2011 directing the petitioners to file a fresh petition in the light of the order dated 8.5.2009 which should be considered and disposed of as early as 3 possible, in any case within one month from the date of receipt of the petition along with a copy of the order dated 19.4.2011. In the light of the order dated 19.4.2011 fresh petition was filed which has been rejected under the impugned order dated 28.5.2011 on the ground that petitioners are also accused in Jitna P.S.Case No. 118 of 2009, registered for the offences under [STATUTE] . 4. It is submitted on behalf of the petitioners that aforesaid Jitna P.S.Case No. 118 of 2009 has been registered much after the order dated 8.5.2009 was passed. 5. Let the court below verify from the records about the date of filing of Jitna P.S.Case No. 118 of 2009 and if the said case has been filed after the order of this Court dated 8.5.2009, petitioners, named above, be admitted to the privilege of bail on furnishing bail bonds of Rs. 5,000/- (Five thousand) each with two sureties of the like amount each to the satisfaction of S.D.J.M., Sikrahana at Motihari in connection with Complaint Case No. 323 of 2008 (Trial No. 1654/2010). P.K.P. (V.N.Sinha,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.