Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.19198 of 2012 ====================================================== Shankar Das .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 3 06-08-2012 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in Belhar P.S. Case No. 04 of 2010 registered for the offences punishable under [STATUTE] , Section 27 of the Arms Act, Section 17 of the Criminal Law Amendment Act and Sections 3, 4 and 5 of the Explosive Substances Act pending in the court of learned Chief Judicial Magistrate, Banka. The police met with the extremists who were on motorcycle, tractor and jeep with S.L.R. and A.K.- 47 when the accused persons started firing on the police, subsequently, six person from the tractor were apprehended and rest managed to flee away. The driver of the tractor disclosed the name of this petitioner and one Pramod Das as one of the persons who were on the tractor. A statement has been made in para 12 of the petition that the petitioner has no criminal antecedent. Patna High Court Cr.Misc. No.19198 of 2012 (3) dt.06-08-2012 2/2 It appears that other accused persons have been granted regular bail by this Court vide Cr. Misc. Nos. 184 of 2012 and 16392 of 2010. I see no reason for the learned court below not to give the same privilege to the petitioner if the petitioner surrenders within a period of six weeks. With the above observation, this application is, accordingly disposed off. Let the order be transmitted to the learned court below through fax at the cost of the petitioner. Amrendra/- (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.