Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.39031 of 2012 ====================================================== 1. Md. Riyaz Miyan 2. Salim Mian @ Tasleem Mian .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 17-10-2012 Heard learned counsels for the petitioners and the State. The petitioners are apprehending their arrest in a case registered for the offences punishable under [STATUTE] when subsequently Section 302/34 was also added. It is submitted by learned counsel for the petitioners that the petitioners were earlier granted bail when the case was not registered under [STATUTE] . In that view of the matter, the petitioners anticipatory bail application is not maintainable in view of the ratio laid down in the case of Bishundeo Sahu Vs. State of Bihar reported in 2011(1) PLJR Patna High Court Cr.Misc. No.39031 of 2012 (2) dt.17-10-2012 2/2 731. Let the learned court below consider the regular bail of the petitioners in view of the ratio laid down in the aforesaid case, if the petitioners surrender before the learned court below within a period of eight weeks from today in connection with Sikandra P.S. Case No. 56 of 2011 pending in the court of learned CJM, Jamui. With the aforesaid observation, this application is disposed of. Let the order be transmitted to the learned court below through fax at the cost of the petitioners. DKS/ (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.