Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.2755 of 2012 ====================================================== Tara Singh S/O Sheowaran Singh Resident Of Village Sukhlahi, P.S. Mainatand, District West Champaran, Bettiah. .... .... Petitioner. Versus The State Of Bihar .... .... Opposite Party. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH) 02/ 27.01.2012 Learned counsel for the petitioner is permitted to make correction in the prayer portion. Heard learned counsels for the petitioner and the State. The petitioner is apprehending his arrest in a case registered for the offences under [STATUTE] and 7, 7(4)5, 28(1)a, 28(1)c, 35(1)a, 28(1)d F.C.O. Act, 1985 and 7 (1) (a) (ii) of Essential Commodity Act. On information that Amerika Sah was selling fertilizer at the rate of Rs.500/- per bag the informant reached to inspect the shop of Amerika Sah the petitioner and other obstructed the informant from making inspection. In the meantime, Amerika Sah Patna High Court Cr.Misc. No.2755 of 2012 (2) dt.27-01-2012 2/2 removed the alleged fertilizer and insecticides from his shop. It appears that Amerika Sah has been granted anticipatory bail vide Annexure-2. Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Mainatand P.S. Case No. 34 of 2011, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. DKS/ (Dinesh Kumar Singh, J.)

Applicable IPC Section: 353

Statute Text:
Section 353 of the Indian Penal Code. Assault or use of criminal force to deter a public servant from discharge of his duty. Whoever assaults or uses criminal force to any person being a public servant in the execution of his duty as such public servant, or with intent to prevent or deter that person from discharging his duty as such public servant, or in consequence of anything done or attempted to be done by such person to the lawful discharge of his duty as such public servant, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.