Case Facts:
Patna High Court Cr.Misc. No.33902 of 2012 (3) dt.04-12-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.33902 of 2012 ====================================================== Mritunjay Kumar @ Mirtunjay Kumar .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03/ 04-12-2012 Heard learned counsels for the petitioner and the State. The petitioner being the Panchayat Rojgar Sewak is apprehending his arrest in a case registered for the offences punishable under [STATUTE] . The accusation is of misappropriating the government money to the tune of Rs. 3,12,200/- since the petitioner absented himself from the duty. It is submitted by learned counsel for the petitioner that on 17.11.2011 the petitioner handed over the charge to Pankaj Kumar Singh. Learned counsel for the State submits that with regard to handing over the charge is not incorporated in the case diary which is recorded up-to May, 2012. Patna High Court Cr.Misc. No.33902 of 2012 (3) dt.04-12-2012 Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail provisionally for six months 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 CJM, Kaimur (Bhabua) in connection with Durgawati P.S. Case No. 46 of 2012, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. The provisional bail of the petitioner will be confirmed by the learned court below on verification of the fact that the petitioner has handed over the charge. 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.