Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.19234 of 2012 ====================================================== 1. Braj Bihari Pandey S/O Late Satya Narain Pandey R/O Village - Navadih, P.S. Shahpur, Patti, District - Bhojpur .... .... 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 AHSANUDDIN AMANULLAH ORAL ORDER 2. 29-05-2012. Heard learned counsel for the petitioner and learned A.P.P. for the State. The petitioner seeks bail in Shahpur P.S. Case No. 83 of 2012 registered for offence punishable under [STATUTE] . Learned counsel for the petitioner submits that the present case is one of false implication by the police. Learned counsel submits that the petitioner is informant in Shahpur P.S. Case No. 81 of 2012 whereas the accused have also filed a counter case in which the petitioner is the accused being Shahpur P.S. Case No. 82 of 2012. It is submitted that the present F.I.R. i.e., Shahpur P.S. Case No. 83 of 2012 is the outcome of the other two cases inasmuch as it is alleged that Patna High Court Cr.Misc. No.19234 of 2012 (2) dt.29-05-2012 2 when the police party went to the house of the petitioner in connection with investigation of other two cases, the incident occurred in which the petitioner is alleged to have attacked the police party. Learned counsel submits that from the F.I.R. it is apparent that the police party came to the house of the petitioner at 11.45 P.M. and thus even if it is taken to be true, the incident occurred as a result of doubt since the petitioner felt that anti-social elements have come in the village. Even the injury report of one of the constables discloses that the same was simple in nature. The petitioner is in custody since 4.4.2012. It is further stated that apart from Shahpur P.S. Case No. 82 of 2012 which is a counter case of one filed by the petitioner, there is no other criminal antecedent against the petitioner. Learned A.P.P. for the State, on the other hand, opposed the prayer for bail stating that he has obstructed and attacked the police party in performing their duty. Upon hearing learned counsel for the parties and considering the facts and circumstances of the case, let the above named petitioner 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 Judicial Patna High Court Cr.Misc. No.19234 of 2012 (2) dt.29-05-2012 3 Magistrate, Bhojpur at Ara in connection with Shahpur P.S. Case No. 83 of 2012. ahk/- (Ahsanuddin Amanullah, J.)

Applicable IPC Section: 338

Statute Text:
Section 338 of the Indian Penal Code. Causing grievous hurt by an act which endangers human life, etc. Whoever causes grievous hurt to any person by doing any act so rashly or negligently as to endanger human life, or the personal safety of others, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine which may extend to one thousand rupees, or with both.