Case Facts:
Patna High Court Cr.Misc. No.17017 of 2011 (6) dt.01-03-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.17017 of 2011 ====================================================== 1. Pannalal Pathak, son of late Ram Prit Pathak 2. Chhotan Pathak @ Harendra Pathak, son of Pana Lal Pathak Both R/o – village Barej, P.S. – Mohania, District - Kaimur 3. Sheo Sangar Kohar, son of late Deo Kohar All R/o – village Dadwas, P.S. – Mohania, District – Kaimur. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 6 01-03-2012 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State, who is armed with carbon/xerox copy of the case diary up to paragraph – dated Earlier prayer for anticipatory bail of petitioner no. 1 namely Pannalal Pathak has been withdrawn vide order dated 28.07.2011. The two petitioners, apprehending their arrest in connection with a case registered for the offence punishable under [STATUTE] and 27 of the Arms Act, are named accused in this case with allegation of assault to the prosecution side. Petitioner no. 3 Sheo Sagar Kohar carries specific allegation of shooting at Pankaj Tiwary. Submission is of false implication only due to conviction of prosecution side in earlier instituted case wherein petitioner no. 3 is one of the witness and father of petitioner no. 2 was informant. Further, submission is that injuries are manufactured and just to ascertain vide paragraph 26 of the case diary the said injured was referred to B.H.U. but till date no injury report is there. Investigation is going on. In view of the above, in the event of their arrest/surrender Patna High Court Cr.Misc. No.17017 of 2011 (6) dt.01-03-2012 before the court below within four weeks, till conclusion of investigation/submission of charge-sheet, let the above named petitioner nos. 2 and 3 be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand only) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Kaimur, in connection with Mohania P.S. Case No. 96 of 2011, 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 on each and every date till conclusion of investigation/submission of charge-sheet, in case of failure on two consecutive dates without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled. Rajeev/- (Akhilesh Chandra, J.)

Applicable IPC Section: 324

Statute Text:
Section 324 of the Indian Penal Code. Voluntarily causing hurt by dangerous weapons or means. Whoever, except in the case provided for by section 334, voluntarily causes 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 of either description for a term which may extend to three years, or with fine, or with both.