Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.40988 of 2011 ====================================================== Barku Marandi, S/o Jugal Marandi @ Jaga Marandi, resident of Village- Rakt Rahaniya , P.S.- Jhajha , District - Jamui. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. S.C. Mitra, Advocate For the Opposite Party/s : Mr. Ram Naresh Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 5 16-02-2012 Heard the parties. The petitioner is in custody in connection with Jhajha P.S. Case No.59 of 2010 for the offences punishable under [STATUTE] , Section-17 of the Criminal Law Amendment Act and the provisions of the U.P.A. Act. Allegation against this petitioner is of forming unlawful assembly with 20-25 extremists who not only assaulted the husband and the younger son of the informant but also chopped of the head of the elder son of the informant, namely, Arun Yadav. Learned counsel for the petitioner submits that whereas the informant and other witnesses to the occurrence have identified this petitioner by name along with some others but none of them have stated that the alleged act of chopping of the head of the son of the informant, was carried out by this petitioner, rather the allegation is against the other extremists. He thus submits that the only allegation against the petitioner is of forming an unlawful assembly along with the alleged extremists. Considering the submissions of learned counsel and having Patna High Court Cr.Misc. No.40988 of 2011 (5) dt.16-02-2012 2 perused the materials on record, let the petitioner, namely, Barku Marandi be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Jamui in connection with Jhajha P.S. Case No.59 of 2010 subject to the following conditions: (i) The petitioner shall accept the police papers on the given date and shall present himself on the date fixed for charge and if the petitioner defaults on two consecutive dates fixed for such purpose, the learned court below shall be at liberty to take steps for cancellation of the bail bonds of the petitioner and to take him into custody. (ii) The petitioner shall ensure his representation before the court below on each and every date fixed in the case and failure on the part of the petitioner to ensure his representation on two consecutive dates fixed in the case without any reasonable explanation to the satisfaction of the court below, would entitle the court concerned to cancel the bail bonds of the petitioner and to take him into custody. SKPathak/- (Jyoti Saran, 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.