Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.27739 of 2012 ====================================================== 1. Madho Singh S/O Late Somaru Singh R/O Vill-Dihari, P.S.- Udwantnagar, Distt-Bhojpur 2. Sikandar Singh S/O Late Kameshwar Singh R/O Vill-Dihari, P.S.- Udwantnagar, Distt-Bhojpur .... .... Petitioners Versus 1. The State Of Bihar .... .... Opposite Partys ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 3. 18-09-2012. Heard learned counsel for the petitioner and the learned counsel for the State. This is an application for regular bail to the petitioner no.2 Sikandar Singh who is accused in Udwantnagar P.S. Case No.94 of 2012 for offence punishable under [STATUTE] and section 25(1-B) A, 26, 27 and 35 of the Arms Act. The allegation against the petitioner no.2 is that on search by the police, one country made pistol and one live cartridge were recovered from his possession from which he had fired on the police party. Learned counsel for the petitioner submits that there is Patna High Court Cr.Misc. No.27739 of 2012 (3) dt.18-09-2012 2 dispute with the petitioner and one Baliram Singh who has filed several cases against him out of which one Udwantnagar P.S.Case No.27 of 2012 is pending. It is stated save and except one case, no other case is pending against the petitioner. Having regard to the facts and circumstances of the case, petitioner no.2 Sikandar Singh is directed to be released on bail on furnishing bail bond of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhojpur at Ara in connection with Udwantnagar P.S.Case No.94 of 2012, subject to condition that the petitioner shall appear on each and every date fixed in the case and any absence of the petitioner shall be subject to satisfaction of the court below on reasonable ground and on failure thereof, the trial court shall consider for cancellation of his bail bonds. ahk/- (Gopal Prasad, 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.