Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.30725 of 2012 ====================================================== 1. Ramotar Prasad @ Ram Autar Mahto 2. Bishundeo Mahto 3. Balmiki Mahto 4. Laxmi Mahto .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 20-09-2012 Heard learned counsels for the petitioners and the State. The petitioners is apprehending his arrest in a case registered for the offences punishable under [STATUTE] and 136 of the R.P. Act. It is alleged that about 100 people started pelting stones on the police patrolling party who were going to collect the ballot box during Panchayat Election when police resorted to firing when no injury was caused to anyone. The petitioners were not named in the FIR and subsequently their names surfaced. A statement has been made in para 11 that the petitioners have no criminal antecedent and others have been granted Patna High Court Cr.Misc. No.30725 of 2012 (2) dt.20-09-2012 2/2 anticipatory bail vide Cr. Misc. Nos. 17244 of 2012 and 24067 of 2012. Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail in the event of their 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) each with two sureties of the like amount each to the satisfaction of learned CJM, Gaya in connection with Khizar Sarai P.S. Case No. 50 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.