Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.39548 of 2012 ====================================================== Pappu Jha S/O Dinesh Jha, Resident of Village Kalyanpur, P.S. Kalyanour, District Samastipur. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 2. 01-11-2012. Heard learned counsel for the petitioner and learned A.P.P. for the State. The petitioner is in custody in connection with Kalyanpur P.S. Case No. 80 of 2001 (Trial No. 1229 of 2012) registered for offence punishable under [STATUTE] and sections 25(1-B) (a), 26 and 35 of the Arms Act. Without adverting on merits, learned counsel for the petitioner submits that the petitioner was granted bail by the lower court after remaining in custody for more than one and a half years. Learned counsel submits that the petitioner regularly appeared before the court but due to some misconception, he went out for earning livelihood and his bail bond was cancelled on 30.7.2012 and thereafter the petitioner coming to know about the fact of issuance of non-bailable warrant against him, voluntarily surrendered before the court on 8.5.2012 and since then he is in custody. Learned counsel submits that this situation has arisen only because of the ignorance of the petitioner and there is no Patna High Court Cr.Misc. No.39548 of 2012 (2) dt.01-11-2012 2 deliberate or willful attempt to evade the process of the court. Learned A.P.P. for the State opposes the prayer for bail and submits that due to the petitioner being absent trial could not proceed for a long period and thus he should not be granted the privilege of bail. Upon hearing learned counsels for the parties and considering the facts and circumstances of the case, let the abovenamed petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Samastipur in connection with Kalyanpur P.S. Case No. 80 of 2001 (Trial No. 1229 of 2012). The father of the petitioner and a Government servant shall be the bailors in the present case. The petitioner shall also be present in the court on each and every date. Failure to do so on two consecutive dates without sufficient cause, shall lead to the court concerned cancelling the bail bonds of the petitioner. ahk/- (Ahsanuddin Amanullah, 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.