Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.43605 of 2011 ====================================================== Sanjay Kumar Rai, Son of Rajendra Prasad Rai. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 3 22-02-2012 Supplementary affidavit has been filed on behalf of the petitioner. Heard learned counsel for the petitioner, learned counsel for the complainant and learned Additional Public Prosecutor for the State. The petitioner is apprehending his arrest in connection with a case registered for the offence punishable under [STATUTE] , is one of the named accused in this complaint case with allegation of appearing as a witness in the transaction with respect to a piece of land which is, in fact, not available. Submission is that due to relationship with the parties petitioner is only a witness neither beneficiary nor in any way attached with the said transaction. Further, submission is that one of the co-accused, namely, Tejendra Prasad Singh, though has received some amount, has been granted the privilege by a Bench of this Court vide order dated 30.11.2011 passed in Cr. Misc. No. 40205 of 2011. On the other hand, while objecting the prayer on behalf of the complainant, it is pointed out that other co- accused, namely, Suresh Singh, one of the witness of the said transaction, has been refused the privilege by another Bench of this Court vide order dated 12.12.2011 passed in Cr. Misc. No. 41811 of 2011. Patna High Court Cr.Misc. No.43605 of 2011 (3) dt.22-02-2012 2 / 2 2 Considering the facts and circumstances of the case, in the event of his arrest/surrender before the court below within four weeks, let the above named petitioner be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Patna, in connection with Complaint Case No. 1977(C) of 2010, subject to condition laid down under Section 438 (2) of the Code of Criminal Procedure with additional condition to remain physically present before the court below till disposal of the case and in case of failure on two consecutive dates without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled. Praveen-II/- (Akhilesh Chandra, 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.