Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.42991 of 2011 1. Ajay Mandal S/O Giranand Mandal R/O Vill. Laxmipur, P.S. Raniganj, Distt. Araria 2. Amrendra Mandal @ Bengali Mandal S/O Giranand Mandal R/O Vill. Laxmipur, P.S. Raniganj, Distt. Araria 3. Ram Prasad Mandal S/O Late Mahgu Mandal R/O Vill. Laxmipur, P.S. Raniganj, Distt. Araria Versus The State Of Bihar ---------------------------- 2 10.01.2012 Heard learned counsel for the parties. The petitioners are in custody in connection with Raniganj P.S. Case No. 100 of 2011 for the offences punishable under [STATUTE] and 27 of the Arms Act subsequently Section 302 was added to the set of allegations by reason of the death of the injured. Learned counsel for the petitioners with reference to the F.I.R. submits that the allegations made therein are omnibus and general in nature as all the accused persons except one Giranand Mandal have been charged with making assault on the brother of the informant by means of lathi. It is although admitted that the brother of the informant subsequently succumbed to his injuries. Learned counsel for the petitioners with reference to the F.I.R. in Raniganj P.S. Case No. 90 of 2011, submits that the present case has been instituted in retaliation to the earlier case instituted by the father of the petitioner Nos. 1 and 2, Giranand Mandal. He thus submits that in absence of any specific allegations against any of the petitioners, they have remained in 2 custody since 03.08.2011. Regard being to the submissions of learned counsel, let the petitioners namely, Ajay Mandal, Amrendra Mandal @ Bengali Mandal and Ram Prasad Mandal be released on bail upon each of them furnishing individual bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Araria in connection with Raniganj P.S. Case No. 100 of 2011. Bibhash (Jyoti Saran, 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.