Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.760 of 2012 ====================================================== Upendra Kumar @ Upendra Sharma .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 3 16-02-2012 The petitioner is languishing in custody since 21.11.2011 in a case registered for offences punishable under [STATUTE] and Section 27 of the Arms Act as well as Section 3/5 of the Explosive Substances Act. It is submitted that the petitioner was not named in the F.I.R, rather in the F.I.R. on confession of the co- accused, one Om Prakash Sharma @ Opia was made accused without the details of parentage and other details. But on 27.9.2011, the I.O. contacted the Fatehpur police Station seeking details of one Om Prakash Sharma @ Opia @ Upendra, S/o Kunwar Deo Singh of village Bargaon, under Fatehpur P.S. of Gaya District and thereafter the petitioner is languishing in Patna High Court Cr.Misc. No.760 of 2012 (3) dt.16-02-2012 2 / 2 2 custody. Though the accusation was that while committing dacoity, the police chased and when cross- firing took place resulting into injury to the police also, when some jewellery were recovered from a Maruti Van left by the dacoits. It is submitted that the other accused has been acquitted who were earlier allowed bail by this Court. Considering the fact that the other accused has been acquitted and for the first time the police tried to establish the identity of the petitioner as one of the accused in the year 2011, let the petitioner namely Upendra Kumar @ Upendra Sharma be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya, in connection with Gaya Civil Line P.S. case no. 243 of 1999. Learned Court below will be at liberty to cancel the bail bond of the petitioner, if he absents on three consecutive dates during the trial. Shageer/- (Dinesh Kumar Singh, 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.