Case Facts:
Patna High Court Cr.Misc. No.25557 of 2012 (4) dt.23-08-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 25557 of 2012 ====================================================== Ram Chandra Bhagat .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 4 23-08-2012 Heard learned counsel for the petitioner and learned counsel for the State. This is a petition for grant of regular bail in a case under [STATUTE] . There is specific allegation against the petitioner that he assaulted the informant by iron rod on his head. Learned counsel for the petitioner, however, contended that in the post-mortem report the injury found to be stitch wound which is alleged to have been caused by sharp cutting weapon and injury nos. 1, 2, 3 and 4 were caused by heavy sharp cutting weapons and injury nos. 5, 6 and 7 were caused by hard and blunt objects. Learned counsel for the State, however, contended that in paragraph no. 59 of the case diary the doctor who conducted post-mortem has also given his report in which he Patna High Court Cr.Misc. No.25557 of 2012 (4) dt.23-08-2012 has mentioned that the injury nos. 1, 2, 3 and 4 were lacerated wounds on the head, which are fatal. Hence, having regard to the facts and circumstances of the case and the fact that the petitioner has been named in the First Information Report by the victim with specific allegation of assault by iron rod on head, I am not inclined to grant bail to the petitioner at this stage. Accordingly, the prayer for bail of the petitioner is rejected. However, the trial court is directed to expedite the trial. Kundan/- (Gopal Prasad, 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.