Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.46681 of 2012 ====================================================== 1. Mahendra Sah , S/o Late Bharat Sah 2. Manoj Sah 3. Pramod Sah, both S/o Mahendra Sah 4. Rambha Devi, W/o Mahendra Sah All r/o Village - Maghi Barwa, P.S. – Adapur, District - East Champaran. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2 19-12-2012 Heard Sri Krishna Kant Singh, learned counsel for the petitioners and learned Additional Public Prosecutor. Four petitioners, who are apprehending their arrest in connection with Adapur P.S. Case No. 139 of 2011, registered for the offences under [STATUTE] , have prayed for grant of bail in the event of their arrest or surrender. Learned counsel for the petitioners submits that in the case though alleged occurrence had taken place on 12/12/2011 relating to land dispute, F.I.R. was lodged after belated stage on 14/12/2011. He further submits that allegation of assault is only against the petitioner no. 1. However, during investigation Doctor has found the injury as simple in nature but dangerous to Patna High Court Cr.Misc. No.46681 of 2012 (2) dt.19-12-2012 2/2 life. The allegation of assault by ‘Farsa’ is against petitioner no. 1. After hearing the parties and considering the allegation against the petitioner no. 1, prayer for grant of anticipatory bail of petitioner no. 1 stands rejected. So far as petitioner no. 2, 3 & 4 are concerned, in view of the facts and circumstances, let the petitioner no. 2, 3 & 4 be released on bail on their furnishing bail bonds of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Raxaul at Motihari, East Champaran, in connection with Adapur P.S. Case No. 139 of 2011, in the event of their arrest or surrender, subject to conditions contained in Section 438(2) of the Cr.P.C. The petitioner no. 2 to 4 are directed to appear and surrender before the court below by the last week of January, 2013, failing which, this order will loss its effect. With above observation and direction, the petition stands partly allowed. Praful/- (Rakesh Kumar, 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.