Case Facts:
Patna High Court Cr.Misc. No.42433 of 2011 (6) dt.02-04-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.42433 of 2011 ====================================================== 1. Tung Nath Chaubey S/O Late Ram Sinhasan Chaubey Resident Of Village- Etwa, Kajariya, P.S.- Rajpur, District- Buxar .... Petitioner Versus 1. The State Of Bihar .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 6 02-04-2012 Heard learned counsel for the petitioner and the State. This is a petition for grant of regular bail for offence under [STATUTE] and 27 of the Arms Act. There is allegation of assault and fire causing injury on the right perital region of scalp, which is caused by fire arm and at Alakhnanda Hospital, Benaras, high density foreign bodies bullet has been removed from inside after operation causing fracture of bone calveria and injury was grievous in nature caused by fire shot. The learned counsel for the petitioner submits that the injury is alleged to be from house of the petitioner, which is at a distance of seven feet and the neighbours have not supported the case. The petitioner is in jail since 13.09.2011. However, having regard to the nature of the injury, I am not inclined to grant bail to the petitioner at this stage. The prayer for bail is rejected. It is directed that the trial may be expedited so that it may be concluded within nine months. However, if the trial is not concluded within nine months, then the petitioner may renew his prayer for bail. SA/- (Gopal Prasad, 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.