Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.14090 of 2012 ====================================================== Ishwar Mahto .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 18-04-2012 The petitioner has renewed his prayer for bail in connection with S. Tr. No. 12 of 2010 arising out of Barh (Belchhi) P.S. Case No. 260 of 2001 registered under [STATUTE] and Section 27 of the Arms Act pending in the court of learned Addl. Sessions Judge, 1st, Barh, Patna. It is submitted by learned counsel for the petitioner that during investigation the accusation was found false and final form was submitted but differing with the same the cognizance has been taken against the petitioner and one Umesh Mahto has been granted anticipatory bail by this Court vide Cr. Misc. No. 42327 of 2010 but the petitioner’s anticipatory bail was rejected on 21.08.2007 vide Cr. Misc. No. 31755 of 2007. This Court is not inclined to revise the earlier order but considering the fact that similarly situated accused person has been granted anticipatory bail by this Court, I see no reason for the Patna High Court Cr.Misc. No.14090 of 2012 (2) dt.18-04-2012 2/2 learned court below not to give the privilege of regular bail to the petitioner preferably on the same day if the petitioner surrenders within a period of six weeks. With the above observation, this application is, accordingly, disposed off. Let the order be transmitted to the learned court below through fax at the cost of the petitioner. Amrendra/- (Dinesh 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.