Case Facts:
Patna High Court Cr.Misc. No.261 of 2012 (2) dt.01-02-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.261 of 2012 ====================================================== Baleshwar Das @ Balla Das, S/o Late Bharosi Harijan .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ajay Mukherjee, Advocate For the Opposite Party/s : Mr. J.N. Thakur, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER (Per: HONOURABLE JUSTICE SMT. ANJANA PRAKASH) 2. 1.2.2012 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under [STATUTE] and 27 of the Arms Act. The petitioner was refused bail by order dated 18.10.2011 but had been given liberty to renew his prayer for bail after framing of charge. The prayer for bail has been renewed on the ground that the charge has been framed on 9.9.2011 and some witnesses have been examined. The further undertaking is that he would not tamper with the prosecution evidence. Considering the same, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 5,000/-(Five thousand) with two sureties of the like amount each or any other surety to be fixed by the court concerned to the satisfaction of learned Additional District & Sessions Patna High Court Cr.Misc. No.261 of 2012 (2) dt.01-02-2012 Judge, F.T.C. 2nd, Banka in connection with S.T. No.723 of 2011/ T.R. No.394 of 2011 arising out of Amarpur P.S. Case No.165 of 2010, subject to the conditions (i) that one of the bailor shall be Jichchho Das, brother of the petitioner and the other bailor will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will undertake to furnish information to the Court about any change in address of the petitioner. (ii) That the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse, (iii) That the petitioner shall be physically present on each date during trial and if he fails to do so on two consecutive dates without reasonable cause, his bail shall stand automatically cancelled. If there is any complaint against the petitioner for having tampered with the prosecution evidence, immediate steps shall be taken for cancelling his bail. Narendra/ ( Anjana Prakash, 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.