Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.29713 of 2011 ====================================================== 1. Sunil Kumar @ Sunil Mahto S/O Sonelal Mahto R/O Vill. Keo Nijamat, P.S. Muffasil, Samastipur, Distt. Samastipur 2. Anil Kumar @ Anil Mahto S/O Haricharan Mahto R/O Vill. Keo Nijamat, P.S. Muffasil, Samastipur, Distt. Samastipur.... Petitioners Versus 1. The State Of Bihar .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 6 20-09-2012 Heard the learned counsel for the petitioners and the State. This is a petition for grant of anticipatory bail for offence under [STATUTE] . There is allegation that the petitioners assaulted by pagharia causing injury on the left side and, further, allegation is that Raj Kumar Mahto assaulted by space. The learned counsel for the petitioners submits that though there is allegation of assault, but, the allegation is not substantiated by the injury report. However, the injury report, called for, has been received from the Superintendent of Police, Samastipur, and it has been stated that three papers have been filed by the Officer-in-Charge, Muffasil, which mentions fracture through the left side of the frontal bone with small underlying extradur4al haematoma without significant mass effect. The learned counsel for the petitioners submits that the occurrence is dated 31.05.2010 whereas the scanning report is dated 13.06.2010 and another fact regarding the injury report, which is dated 15.06.2010 and it has been contended that the complaint has been filed after long delay of two months and, further, it has been submitted that except in the complaint petition no witness has supported the prosecution case regarding the assault by this petitioners. Hence, having regard to the facts and circumstances of the case, the petitioners, above named, in the event of their arrest or surrender, within four weeks from the date of receipt of this Patna High Court Cr.Misc. No.29713 of 2011 (6) dt.20-09-2012 2/2 order, are directed to be released on anticipatory bail on furnishing bail bounds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each in connection with Samastipur (Town) P.S. Case No. 466 of 2010 to the satisfaction of the Chief Judicial Magistrate, Samastipur, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code and subject to the condition that the petitioners will cooperate with the police during investigation and produce themselves as and when required by the police during investigation. However, if the police after investigation find any incriminating material against the petitioners and the charge sheet is submitted against the petitioners, then, the petitioners shall surrender and pray for regular bail. SA/- (Gopal Prasad, J)

Applicable IPC Section: 447

Statute Text:
Section 447 of the Indian Penal Code. Criminal trespass. Whoever commits criminal trespass shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.