Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.44309 of 2012 ====================================================== Gopal Prasad S/O Bachu Paswan Resident Of Village- Tetariya, Police Station- Islampur, District- Nalanda. .... .... Petitioner Versus 1. The State Of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Snil Kumar Singh, Advocate For the Opposite Party/s : Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 2. 12-12-2012. Learned counsel for the petitioner submits that there is a typographical mistake in the prayer portion of this application inasmuch as trial number has not been mentioned. The same be done in course of the day. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner is in custody in connection with Ekangarsarai P.S.Case No.279 of 2002 (Tr.No.2749 of 2012) registered for the offence punishable under [STATUTE] . The petitioner was earlier granted bail but the same was cancelled by the court below on 2.2.2006 due to his non- appearance. Learned counsel for the petitioner submits that the petitioner was regularly attending the court up to 24.4.2006 whereafter on the assurance of his Karpardaz, he had gone to Patna High Court Cr.Misc. No.44309 of 2012 (2) dt.12-12-2012 2 Madras for his livelihood but somehow or the other, no effective pairwi could be done in the case leading to cancellation of his bail bonds. It has been submitted that the warrant of arrest was issued on 9.3.2007 and process under section 82-83 was issued on 10.5.2012. The petitioner immediately after knowing the fact that bail bond has been cancelled, surrendered before the court below on 3.9.2012 and since then he is in custody in connection with the aforesaid case. He submits that the petitioner would undertake that in future, he would never absent himself on the dates fixed by the court below. In the facts and circumstances of the case, let the petitioner Gopal Prasad be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Subhash Kumar Rai, Judicial Magistrate, Ist Class, Hilsa, Nalanda in connection with Ekangarsarai P.S.Case No.279 of 2002 (Tr.No.2749 of 2012). It is made clear that in case of any default before the court below on the date fixed, on the part of the petitioner, his bail bonds would be cancelled. ahk/- (Chakradhari Sharan Singh, J.)

Applicable IPC Section: 338

Statute Text:
Section 338 of the Indian Penal Code. Causing grievous hurt by an act which endangers human life, etc. Whoever causes grievous hurt to any person by doing any act so rashly or negligently as to endanger human life, or the personal safety of others, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine which may extend to one thousand rupees, or with both.