Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.44287 of 2012 ====================================================== 1. Dharmendra Kumar @ Dharmendra Sah son of Armadhar Sah 2. Sant Lal Sah son of Late Suraj Sah, resident of village- andn P.S.Deoriya, Dist- Muzaffarpur.. .... .... Petitioners Versus The State Of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Arun Kumar, Advocate For the Opposite Party/s : Mr. Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 2. 12-12-2012. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners are in jail in connection with Deoriya P.S.Case No.34 of 2012 for the offence punishable under [STATUTE] since 1.09.2012 and pray for grant of regular bail. As per the prosecution case the informant’s brother Dinesh Sah was assaulted severely by one Pappu Sah and other unknown persons causing serious injuries. Subsequently, the said Danish Sah disclosed that these petitioners also participated in the crime. The petitioners are not named in the F.I.R. Learned counsel for the petitioners submits that no case under [STATUTE] is made out. Patna High Court Cr.Misc. No.44287 of 2012 (2) dt.12-12-2012 2 In view of the allegation contained in the F.I.R that the accused persons had assaulted the victim with fists, slaps and bamboo (lathi and danda) and in view submissions made out on behalf of the petitioners, let the petitioners Dharmendra Kumar alias Dharmendra Sah and Santlal Sah be released on bail on their furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Muzaffarpur (West) in connection with Deoriya P.S.Case No.34 of 2012. ahk/- (Chakradhari Sharan 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.