Case Facts:
Patna High Court Cr.Misc. No.19385 of 2012 (2) dt.30-05-2012 1 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.19385 of 2012 ====================================================== Raj Kumar Das, S/O Dheneshwar Das, R/O Village-Maheshadih, P.S. +Distt-Banka .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 2 30-05-2012 Heard learned counsel for the petitioner and learned A.P.P. for the State. The petitioner seeks bail in Banka P.S. Case No. 02 of 2012 dated 07.01.2012 registered for offence under Sections 341/323/307/504/34 + 302 of the Indian Penal Code. Learned counsel for the petitioner submits that the allegation against the petitioner is general and omnibus. It is stated that the informant has alleged that the petitioner along with other persons came and assaulted the husband of the informant with ‘lathi’ who later on died. Learned counsel submits that the petitioner has clean antecedent and is in custody since 23.01.2012. Learned counsel draws the attention to the Court to paragraph-9 of the application in which it is stated that another co-accused has Patna High Court Cr.Misc. No.19385 of 2012 (2) dt.30-05-2012 2 filed Banka P.S. Case No. 01 of 2012 dated 07.01.2012 which has been registered for offence under [STATUTE] which was prior to the lodging of the present F.I.R. It is submitted that the present case is a counter to the case filed by the co-accused Muneshwar Das and relates to the same occurrence. It is submitted that there was general scuffle in which brick-bats were hurled at each other which resulted in the incident and for which the petitioner cannot be said to be responsible for, at best, the incident occurred during the heat of the moment. Learned counsel also refers to the injury report which has stated that death was due to shock and hemorrhage caused by hard blunt substance. It is thus submitted that neither there was any preplanning or intention to kill and the petitioner having remained for a long period in jail deserves to be released on bail. Learned A.P.P. for the State, on the other hand, has opposed the prayer for bail stating that due to the act of the petitioner a person has been killed. Upon hearing learned counsels for the parties and considering the facts and circumstances of the case, the abovenamed petitioner is directed to be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Patna High Court Cr.Misc. No.19385 of 2012 (2) dt.30-05-2012 3 Judicial Magistrate, Banka in Banka P.S. Case No. 02 of 2012, G.R. No. 20 of 2012. This application, accordingly, stands disposed off. Md. Ibrarul/- (Ahsanuddin Amanullah, J.)

Applicable IPC Section: 504

Statute Text:
Section 504 of the Indian Penal Code. Insult intended to provoke breach of the peace. Whoever intentionally insults, and thereby gives provocation to any person, intending or knowing it to be likely that such provocation will cause him to break the public peace, or to commit any other offence, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.