Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.40235 of 2011 Rudal Rai @ Ram Nandan Rai, Son of Jagat Rai, R/o Mohalla Dariapur Gola, Barhi Path, P.S. Kadam Kuan, District Patna. ………Petitioner Versus The State Of Bihar ……….Opposite party ----------------- 03/- 06/01/2012 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner is apprehending his arrest in connection with a case registered for the offence punishable under [STATUTE] , is one of the named accused in this eleven years old case. After some arguments, learned counsel for the petitioner seeks permission to withdraw this application with a liberty to surrender before the court below within a fortnight, where the prayer of regular bail of the petitioner shall be considered in the light of observations made by learned Sessions Judge vide order dated 04/08/2011 in A.B.P. No. 3744 of 2011 besides the submission that at no point of time any notice was ever served upon the petitioner. Permission is granted. Accordingly, this application in connection with Kadam Kuan P.S. Case No. 483 of 2001, pending in the Court of Chief Judicial Magistrate, Patna stands disposed of as withdrawn. Praveen/- ( Akhilesh Chandra, 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.