Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.42886 of 2011 ====================================================== Irfan @ Md. Irfan, Son of Late Amir Mian @ Md. Amir Hassan. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.42898 of 2011 ====================================================== Md. Ekramul Haque @ Md. Ekram, Son of Md. Abdulkarim. .... .... 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 24-01-2012 Since both the applications arising out of one case are taken up together and being disposed of by this composite order. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. Both the petitioners are apprehending their arrest in connection with a case registered for the offence Patna High Court Cr.Misc. No.42886 of 2011 (2) dt.24-01-2012 2 / 3 2 punishable under [STATUTE] and 27 of the Arms Act, are named accused in this case. Submission is that after investigation finding no material police did not sent up them for trial, though, charge-sheet has been submitted against others and under almost similarly situated circumstance, two of the co- accused persons have already been granted the privilege by a Bench of this Court vide order dated 13.10.2011 passed in Cr. Misc. No. 34303 of 2011. Considering the facts and circumstances of the case, in the event of their arrest/surrender before the court below within four weeks, let the above named petitioners be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand only) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Nalanda at Biharsharif, in connection with Rajgir (Chhabilapur) P.S. Case No. 36 of 2011, subject to condition laid down under Section 438 (2) of the Code of Criminal Procedure with additional condition to remain physically present before the court below till disposal of the case and in case of failure on two consecutive dates without Patna High Court Cr.Misc. No.42886 of 2011 (2) dt.24-01-2012 3 / 3 3 giving any reasonable explanation, the liberty granted shall be deemed to be cancelled. Praveen-II/- (Akhilesh Chandra, J.)

Applicable IPC Section: 326

Statute Text:
Section 326 of the Indian Penal Code. Voluntarily causing grievous hurt by dangerous weapons or means. Whoever, except in the case provided for by section 335, voluntarily causes grievous 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 for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.