Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.19956 of 2012 ====================================================== Lal Babu Ray @ Lal Babu Rai .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.17641 of 2012 ====================================================== Yogendra Rai .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 5 03-08-2012 Heard learned counsels for the petitioners, informant and the State. Petitioners are apprehending their arrest in a case registered for the offences punishable under [STATUTE] . It is alleged against petitioners and others to have entered into the house and assaulted the victim and when the victim was taken to the hospital, he was also assaulted in the hospital when he subsequently succumbed to Patna High Court Cr.Misc. No.19956 of 2012 (5) dt.03-08-2012 2 / 3 2 the injury. It is submitted on behalf of petitioner Lal Babu Rai that he happens to be the maternal uncle of the victim and the specific accusation of assault is against Arvind Rai with iron rod on head, Santosh Kumar with the butt of the pistol and Umesh Rai and others with fists and slaps. Hence accusation against the petitioner Lal Babu Rai is not specific. It is submitted on behalf of Yogendra Rai who is accused in the counter case registered under [STATUTE] . that accusation is against nine F.I.R. named accused persons and 20-25 unknown persons when assault was made to the son of the informant and the postmortem reflects only three injuries. Hence, it can not be specified that assault made by this petitioner actually caused injury to the victim and apart from that this petitioner is practicing lawyer having no criminal antecedent. Considering the nature of accusation, particularly the fact that one person died from each side when the case and counter case was lodged and there is no specific accusation on either side of making assault, it is a fit case for consideration of regular bail, if the petitioners surrender within a period of six weeks in connection with Samastipur Town P.S. Case No. 511/2011 and 512/2012, pending in the Court of learned Chief Judicial Magistrate, Samastipur. Patna High Court Cr.Misc. No.19956 of 2012 (5) dt.03-08-2012 3 / 3 3 With the observations above, the application stands disposed off. Let the order of this Court be transmitted through FAX to the learned Court below at the cost of the petitioners. Shageer/- (Dinesh Kumar Singh, J)

Applicable IPC Section: 323

Statute Text:
Section 323 of the Indian Penal Code. Voluntarily causing hurt. Whoever, except in the case provided for by section 334, voluntarily causes hurt, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.