Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.17954 of 2012 ====================================================== 1. Lalan Prasad S/O Budh Ram Prasad Resident Of Village- Tirbirwa, P.S- Gopalganj, District- Gopalganj. 2. Sanjay Prasad @ Sanjay Kumar S/O Shri Ram Prasad Resident Of Village- Tirbirwa, P.S- Gopalganj, District- Gopalganj. 3. Satyendra Prasad @ Sailendra Prasad S/O Kishore Prasad Resident Of Village- Tirbirwa, P.S- Gopalganj, District- Gopalganj. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 3 28-05-2012 Heard learned counsel for the petitioners and learned A.P.P. for the State. Petitioners seek bail in Gopalganj P.S. Case No. 83 of 2012 dated 10.03.2012 registered for offence under [STATUTE] . Later on [STATUTE] has been added. Learned counsel for the petitioners submits that there is general and omnibus allegation against the petitioners of assaulting the victim with knife, lathi and butt of the gun. Though petitioners have been named but, it is stated, it is only because of oblique reasons they have been implicated. There is no specific Patna High Court Cr.Misc. No.17954 of 2012 (3) dt.28-05-2012 2 / 2 2 allegation against them. It is stated in para-13 of the application that petitioners have clean antecedent. Learned counsel has also produced a web copy of the order dated 14.5.2012 passed in Cr. Misc. No. 18382 of 2012, Cr. Misc. No. 16981 of 2012, Cr. Misc. No. 19021 of 2012 and Cr. Misc. No. 16948 of 2012 by which a coordinate Bench of this Court has granted bail to ten other similarly situated co-accused. Let the web copy of the order be kept on record. Learned A.P.P. for the State submits that the victim was brutally assaulted and later on also died. Thus, petitioners being active players in committing offence do not deserve bail. Considering the facts and circumstances of the case, let the petitioners named above be released on bail on furnishing bail bond of Rs.10,000/-(Ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gopalganj, in connection with Gopalganj P.S. Case No. 83 of 2012. This application stands disposed off. sudip/- (Ahsanuddin Amanullah, 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.