Case Facts:
Patna High Court Cr.Misc. No.42870 of 2011 (2) dt.25-01-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.42870 of 2011 ================================================ 1. Ramesh Kumar Sah, son of Suresh Sah 2. Birendra Sah, son of Chhathu Sah 3. Pankaj Sah @ Pankaj Kumar Sah 4. Deepak Sah @ Deepak Kumar Sah .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ================================================ CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER (Per: HONOURABLE MR. JUSTICE AKHILESH CHANDRA) 2 25-01-2012 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners apprehending their arrest in connection with Taraiya P.S. Case No. 13/2011 for offences under [STATUTE] , pending in the court of Chief Judicial Magistrate, Saran at Chapra. After some arguments, learned counsel for the petitioners seeks permission to withdraw this application with regard to petitioner nos. 3 & 4 with a liberty to surrender before the court below within a fortnight and seek regular bail. Permission is granted. On such prayer, due order in accordance with law shall be passed by the court below on its own merit without being prejudice of instant withdrawal. Patna High Court Cr.Misc. No.42870 of 2011 (2) dt.25-01-2012 Accordingly, this application stands disposed of as withdrawn with regard to petitioner nos. 3 & 4. So far as remaining two petitioners 1 and 2 are concerned, submission is that almost under similarly situated circumstances two of the co-accused Prabhakar Sah @ Prabhakar Kumar Gupta and Diwakar Sah @ Diwakar Kumar Gupta have already been granted privilege by a Bench of this court vide order dated 18.11.2011 passed in Cr. Misc. No. 35255/2011. Considering the facts and circumstances of the case, in the event of their arrest or surrender within a period of four weeks, let the remaining two petitioners 1 and 2 namely, Ramesh Kumar Sah and Birendra Sah, be enlarged on bail on furnishing bail bond of sum of Rs. 10,000/- (ten thousand only) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Saran at Chapra, in connection with Taraiya P.S. Case No. 13/2011, subject to condition under section 438(2) of the Code of Criminal Procedure, and additional condition to attend the court regularly till disposal of the case, in the event of failure on two consecutive dates, without any reasonable explanation, the privilege granted shall be deemed to be cancelled. Rajeev/- (Akhilesh Chandra, 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.