Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.17328 of 2012 ====================================================== 1. Gogal Bhagat 2. Jainun @ Jay Nath Bhagat. 3. Shankar Sah. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 5 20-06-2012 Heard learned counsels for the petitioner and the State. The petitioners are apprehending arrest in connection with Jurawanpur P.S. Case NO. 90 of 2011 registered for the offences punishable under [STATUTE] pending in the court of learned Chief Judicial Magistrate, Vaishali at Hajipur. It is alleged by the victim that for the dispute with regard to fishing, the informant was assaulted by all the petitioners. Though, the fardbeyan was recorded on 09.11.2011 but it was registered on 15.11.2011. It is submitted by learned counsel for the petitioner that the accusation of assault is not specific and from the petitioners’ side earlier a complaint was filed against the victim. The postmortem report reflects no specific external injury when the viscera has been preserved. Patna High Court Cr.Misc. No.17328 of 2012 (5) dt.20-06-2012 2/2 Considering the fact that the informant has not alleged that any weapon has been used and the postmortem report does not reflect any serious external injury, in view of this Court, it is fit case for grant of regular bail. Let the learned court below consider the regular bail of the petitioners if the petitioners surrender within a period of six weeks. With the above observation, this application is, accordingly, disposed off. Let the order be transmitted to the learned court below through fax at the cost of the petitioners. Amrendra/- (Dinesh Kumar Singh, 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.