Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.21300 of 2012 ====================================================== Ramakant Singh @ Dabloo Singh @ Dabloo .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Binod Keshri Singh, Sr. Adv. Mr. Niraj Kumar, Adv For the Opposite Party/s/State : Mr. Choubey Jawahar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 2 22-05-2012 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is apprehending his arrest in Bhagwan Bazar P.S. Case No. 67 of 2012 for offence under [STATUTE] and 27 of the Arms Act. This case is started on the basis of a written report in which there is allegation that the Municipal Corporation has constructed a drain in Ward No. 16 of Chapra Nagar Parishad. The drain has been constructed from Durga Mandir hospital chowk up to the house of one Baidyanath Singh. The conception was to be inaugurated by the Hon’ble Minister. On that occasion, several persons were present and the petitioner and others were also present. As there is protest from the side of the informant which led commotion. It has been alleged that the petitioner took out a Patna High Court Cr.Misc. No.21300 of 2012 (2) dt.22-05-2012 2 revolver and fired on the temporal region of the informant but it was his fate that the bullet did not hit the temporal region and thereafter it has been alleged that the petitioner took out a knife and gave a blow on Pappu Singh. Learned counsel for the petitioner has submitted that no such incident has taken place rather a manufactured story has been created by the informant which has been taken note by the learned Sessions Judge in his order. It is has been conceded by the P.P. if the person will fire at the temporal region, it will hit to the person. Learned counsel for the petitioner submits that it creates a doubt in the version of informant. Having considered the rival submission of the parties, let the petitioner named above in the event of his arrest/surrender before the court below within a period of four weeks from today be released on anticipatory bail on furnishing bail bond of Rs. 10, 000/- (ten thousand) with two sureties of the like amount each to the satisfaction Chief Judicial Magistrate, Saran at Chapra, in Bhagwan Bazar P.S. Case No. 67 of 2012, subject to the condition as laid down under Section 438(2) of the Cr.P.C. Learned counsel for the petitioner submits that he has no connection except electricity theft. The petitioner will file an Patna High Court Cr.Misc. No.21300 of 2012 (2) dt.22-05-2012 3 affidavit mentioning about the other cases except the aforesaid case and and (i) that one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will undertake to furnish information to the court about any change in the address of the petitioner. (ii) that the petitioner will give an undertaking that they will receive the police papers on the given date and shall be present on the date fixed for charge and if he fail to do so on two given dates and delay the trial in any manner, his bail bond will be liable to be cancelled for the reasons of misuse, and (iii) that the petitioner will be well represented on each and every date and if he fail to do so on two consecutive dates, his bail bond will be liable to be cancelled. Ravi/- (Shivaji Pandey, 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.