Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No 44911 of 2012 ====================================================== 1 Shankar Jha 2 Mahendra Jha, sons of Meghnath Jha, residents of village – Asoi Laxiram, PS – Bhagwanpur, District - Vaishali .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HON’BLE MR JUSTICE NAVANITI PRASAD SINGH ORAL ORDER 2 19-12-2012 Heard the learned counsel for the petitioner and the State. The learned counsel for the petitioners points out that petitioner No 2 having been arrested during pendency of this application, this application, in so far as petitioner No 2 is concerned, has become infructuous. It is dismissed accordingly. Petitioner No 1 apprehends arrest in relation to Bhagwanpur Police Station Case No 189 of 2012 instituted under [STATUTE] pending before Chief Judicial Magistrate, Vaishali at Hajipur. From reading of the first information report, it is clear that the fight amongst the neighbours took place with regard to disposal of garbage. Petitioner No 1 do not appear to be of any criminal antecedent or having any criminal intent. Be that as it may, in the event of his arrest or Patna High Court Cr.Misc. No.44911 of 2012 (2) dt.19-12-2012 2 surrender, petitioner No 1 abovenamed shall be enlarged on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Vaishali at Hajipur in Bhagwanpur Police Station Case No 189 of 2012 subject to all conditions as laid down in Section 438 (2) of Criminal Procedure Code. M.E.H./- (Navaniti Prasad Singh)

Applicable IPC Section: 326

Statute Text:
Section 326 of the Indian Penal Code. Voluntarily causing grievous hurt by dangerous weapons or means. Whoever, except in the case provided for by section 335, voluntarily causes grievous hurt by means of any instrument for shooting, stabbing or cutting, or any instrument which, used as a weapon of offence, is likely to cause death, or by means of fire or any heated substance, or by means of any poison or any corrosive substance, or by means of any explosive substance, or by means of any substance which it is deleterious to the human body to inhale, to swallow, or to receive into the blood, or by means of any animal, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.