Case Facts:
Patna High Court Cr.Misc. No.21419 of 2012 (2) dt.18-06-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.21419 of 2012 ====================================================== Shashi Ranjan Kuwar @ Kunkun Kuwar, son of Nagnarain Kuwar, resident of Village- Dilawarpur Tola, Bhagwanpur, P.S. Kesariya, District- East Champaran. .... .... Petitioner. Versus The State of Bihar .... .... Opposite Party. ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 2 18-06-2012 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner has been arrested in connection with Kesariya P.S. Case No. 103 of 2011 registered under [STATUTE] . There is allegation that the petitioner and co-accused of this case have brutally assaulted the husband of the informant and there is specific allegation of assault by bamboo against the petitioner. However, Post Mortem report suggests three injuries i.e. (1) Head & Neck- Extensive lacerated abrasion on the frontal portion of scalp measuring about 2”x 1-1/2” associated with lare quantity of clotted blood, (2) small abrasion on the both shoulder associated with clotted blood measuring about 3/4” x1/2” in size lacerated and (3) small abrasion just above the right eyebrow Patna High Court Cr.Misc. No.21419 of 2012 (2) dt.18-06-2012 associated with clot blood measuring 3/4" x 1/2" in size lacerated. There is swelling on the upper part of the right side of the chest. Cause of death- Trauma by hard blunt object leading anterior ribs with puncturing and lacerated of right lobe of lungs leading to hemorrhage in throxical shock and death. Having regard to the facts and circumstance of the case, I am not inclined to grant bail to the petitioner at this stage. Hence his prayer for bail is rejected. m.p. (Gopal Prasad, 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.