Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.37981 of 2011 ====================================================== Kalamuddin @ Jalamuddin @ Tarjan S/O Fulgeni Miyan Resident of Village- Mirzapur, P.S.- Marhowrah, District- Saran .... .... Petitioner Versus 1. The State Of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Sanjay Kumar Singh, Adv. For the Opposite Party : Mr. Binod Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 3 13-02-2012 Heard learned counsel for the parties. The petitioner is in custody in connection with Sessions Trial No. 582 of 2005 arising from Marhowrah P.S. Case No. 329 of 2004 for the offences punishable under [STATUTE] . This is a case of misuse of privilege of bail. The petitioner not appearing before the Court below since after 20.06.2006, a usual defence of having entrusted the pairvi to some one and the duty not being performed by the Parivikar resulting in cancellation of the bail bonds, has been made by the petitioner for renewing his bail. A report was called for from the Trial Court and which has since been received. It is stated that the records manifest that the matter is pending for appearance of three accused persons. The petitioner has been taken into custody on 5.9.2011. Regard being had to the circumstances, let the petitioner namely, Kalamuddin @ Jalamuddin @ Tarjan son of Falgeni Miyan, resident of Patna High Court Cr.Misc. No.37981 of 2011 (3) dt.13-02-2012 2 village-Mirzapur, P.S.-Marhowrah, District-Saran 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 F.T.C. II, Chapra, Saran in connection with S.T. No. 582 of 2005 arising from Marhowrah P.S. Case No. 329 of 2004 subject to the condition that the petitioner shall be personally present on each and every date fixed in the trial and failure on the part of the petitioner to be personally present on two consecutive dates fixed in the trial without reasonable explanation to the satisfaction of the Trial Court, would entitle the court concerned to cancel the bail bond of the petitioner and to take him into custody. As the petitioner i.e. one of the accused has been taken into custody, the learned Trial Court would be well advised to see the viability of proceeding with the trial of the case after bifurcating the same as against the non appearing accused and try to conclude the same expeditiously and preferably within nine months. 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.