Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.31109 of 2011 ====================================================== Muni Lal Mandal, son of Sri Bhumi Mandal resident of Athgama, P.S.Ghogha, District-Bhagalpur .... .... Petitioner Versus The State Of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Praveen Kumar, Adv. Mr.Nihar Nandan Ambastha, Adv. For the Opposite Party : Mr. Kumari Priya Ranjan, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 5 07-02-2012 Heard learned counsel for the parties. The petitioner is in custody in connection with Sabour P.S. Case No.27 of 2010 for the offences punishable under [STATUTE] and Section 27 of the Arms Act. Section 302 was added to the set of charges after the death of the informant. The allegation against the petitioner and one Gore Lal Mandal is of causing gunshot injury to the informant. It is alleged that whereas the gunshot fired by this petitioner hit her over her right eyebrow. The shot fired by co-accused Gore Lal Mandal hit her on the back side. The informant subsequently succumbed to her injuries. Learned counsel for the petitioner submits that there is no post mortem report in the present case and that the injury found over the right eyebrow of the informant is in the nature of lacerated wound and is not in the nature of firearm injury. He further with reference to the supplementary injury report placed at Annexure-2 series submits that the evidence of a bullet is found near the vertebra of the deceased as reflected from the X- ray. It is further stated that no bone fracture was found in the scalp. Patna High Court Cr.Misc. No.31109 of 2011 (5) dt.07-02-2012 2 Learned counsel thus submits that the bullet injury if any being on the spinal portion of the deceased, the same can only be attributed to the co-accused, Gore Lal Mandal and not to the petitioner. He further submits that the supplementary injuries report further mentions that injury Nos.1 and 3 over the right eyebrow and the face of the deceased were caused by hard and blunt substance and was simple in nature. Having heard learned counsel for the parties and having perused the materials on record, let the petitioner namely, Muni Lal Mandal be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhagalpur in connection with Sabour P.S. Case No. 27 of 2010. 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.