Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.1985 of 2012 ====================================================== 1. Hem Chandra Khan 2. Rajiv Kumr Khan @ Rajiv Ranjan. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Suman Kr. Jha. For the Opposite Party/s : Mr. Shaheen Begum, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 03-02-2012 Heard learned counsels for the petitioner and the State. The petitioner is languishing in custody since 08.11.2011 in a case registered under [STATUTE] . The accusation against the petitioners is of making assault by farsa. It is submitted that injury has been found to be simple. There is counter version of the occurrence also and petitioners’ side also received injury. It appears that due to serious criminal antecedent of the Patna High Court Cr.Misc. No.1985 of 2012 (2) dt.03-02-2012 2 / 2 2 petitioner no.1, the learned court below rejected the bail application of the petitioner no. 1. Considering the fact that both sides have received injuries, let the above named petitioners be released on bail, on furnishing the bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa in connection with Bangaon P.S. Case No. 70 of 2011. Considering the serious criminal antecedent of the petitioner no.1, the learned court below will be at liberty to cancel the bail of the petitioner no.1 if he gets involved in similar nature of offence or he defaults for three consecutive occasions. 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.