Case Facts:
Patna High Court Cr.Misc. No.23204 of 2011 (4) dt.10-09-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.23204 of 2011 ====================================================== 1. Sunil Singh S/O Late Samla Singh Resident Of Village- Narma, P.S. Fathua, Distt. Patna 2. Karu Singh @ Kara Singh S/O Sunil Singh Resident Of Village- Narma, P.S. Fathua, Distt. Patna 3. Tunnu Singh @ Tunnu S/O Sunil Singh Resident Of Village- Narma, P.S. Fathua, Distt. Patna .... Petitioners Versus 1. The State Of Bihar .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 4 10-09-2012 Heard learned counsel for the petitioners, the complainant and the State. This is a petition for grant of anticipatory bail for offence under [STATUTE] . From the order of the Session's Judge, it appears that the petitioners were earlier on police bail. However, earlier a case instituted and during investigation the petitioners were on bail and after submission of the final form, the cognizance was taken on protest. Hence, having regard to the facts and circumstances of the case, I am not inclined to grant anticipatory bail to the petitioners. The prayer for bail is rejected. If the petitioners surrender and pray or regular bail that may be considered on it’s own merit in view of the judgment reported in 2004(3) P.L.J.R., 491 (Mahendra Prasad Singh, vrs. The State of Bihar) and in view of the fact that the petitioners were earlier on police bail. SA/- (Gopal Prasad, J)

Applicable IPC Section: 349

Statute Text:
Section 349 of the Indian Penal Code. None. A person is said to use force to another if he causes motion, change of motion, or cessation of motion to that other, or if he causes to any substance such motion, or change of motion, or cessation of motion as brings that substance into contact with any part of that other's body, or with anything which that other is wearing or carrying, or with anything so situated that such contact affects that other's sense of feeling; Provided that the person causing the motion, or change of motion, or cessation of motion, causes that motion, change of motion, or cessation of motion in one of the three ways hereinafter described: By his own bodily power. By disposing any substance in such a manner that the motion or change or cessation of motion takes place without any further act on his part, or on the part of any other person. By inducing any animal to move, to change its motion, or to cease to move.