Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.40338 of 2011 1. Santosh Rai, S/O Shesh Nath Rai 2. Shushil Rai S/O Shesh Nath Rai 3. Shesh Nath Rai S/O Late Sakaldip Rai, all are Village Jabahi Jagdishpur, P.S. Brahampur, District Buxar ----- Petitioners. Versus 1. The State Of Bihar 2. Surya Rai, S/O Late Ram Janam Rai, resident of Village- Jabahi Jagdishpur, P.O Hathilpur, P.S. Brahmapur, District Buxar ----- Opposite Party. ---------------------------------- 2. 13.1.2012 Heard learned counsel for the petitioners and learned counsel for the State. On the basis of the statement made before the Officer Incharge, Buxar on 14.10.2009 this case was instituted and thereafter final form was submitted by the police on the ground that it was a misfired by the informant himself and thereafter on the basis of the protest petition cognizance has been taken under [STATUTE] . For the present this Court does not want to interfere with the impugned order. This application is dismissed. However, the petitioners will be at liberty to raise all the points at the 2 time of framing of the charge. Vinay/ ( Shivaji Pandey, J.)

Applicable IPC Section: 326

Statute Text:
Section 326 of the Indian Penal Code. Voluntarily causing grievous hurt by dangerous weapons or means. Whoever, except in the case provided for by section 335, voluntarily causes grievous hurt by means of any instrument for shooting, stabbing or cutting, or any instrument which, used as a weapon of offence, is likely to cause death, or by means of fire or any heated substance, or by means of any poison or any corrosive substance, or by means of any explosive substance, or by means of any substance which it is deleterious to the human body to inhale, to swallow, or to receive into the blood, or by means of any animal, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.