Case Facts:
Patna High Court Cr.Misc. No.3302 of 2012 (2) dt.23-01-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.3302 of 2012 ====================================================== Jawahar Yadav, son of Late Moti Rai, resident of Village- Rampur, P.S. Naubatpur, District- Patna. .... .... Petitioner. Versus The State of Bihar .... .... Opposite Party. For the petitioner :- Mr. Amitesh Kumar, Advocate. For the State :- Mr. Anuj Kumar Srivastava, A.P.P. CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER (Per: HONOURABLE MR. JUSTICE GOPAL PRASAD) 2 23-01-2012 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner has been arrested in connection with Bihta P.S. Case No. 334 of 2010, registered for offence under [STATUTE] . There is allegation that petitioner Jawahar Yadav, Binod Yadav, Vikram Yadav, Bibhuti Yadav and Sudeshwar Yadav surrounded the informant and started assaulting the informant by Fasuli. It is further alleged that Sudeshwar Yadav came armed with Fasuli assaulted the informant. However allegation against the petitioner is omnibus and the doctor who has examined the informant found five injuries as apparent from the order of Additional Sessions Judge, III, Patna and it is stated that injury no. iv and v are simple in nature and reserve the opinion about injury nos. i to Patna High Court Cr.Misc. No.3302 of 2012 (2) dt.23-01-2012 iii and injury no. i is sharp cut 4 x 1/2"x1/2” on back of neck. Hence from the evidence of the injury report, it cannot be inferred that there was intention to kill. However, role attributed to the petitioner is general and omnibus. The petitioner is in custody since 02. 09. 2011. Under the facts and circumstance of the case, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the A.C.J.M., Danapur, in connection with Bihta P.S. Case No. 334 of 2010. m.p. (Gopal Prasad, J.)

Applicable IPC Section: 341

Statute Text:
Section 341 of the Indian Penal Code. Wrongfully restraining any person. Whoever wrongfully restrains any person shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both.