Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.2042 of 2012 Dhananjay Kumar Singh Versus The State Of Bihar ---------------------------------- with Criminal Miscellaneous No.2188 of 2012 Akhileshwar Prasad Singh Versus The State Of Bihar ---------------------------------- 2/ 23.1.2012 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered under [STATUTE] and sections 4 and 5 of the Explosive Substances Act. The accusation is that on the order of the Collector, Sasaram, measurement work was going on in the forest area when several persons including the petitioner made blast for mining operation. It is submitted that petitioners’ mining lease was valid till 2014 and there is no specific accusation against the petitioners and it appears from the FIR that subsequently, the informant in order to get the police protection has lodged this case as he has admitted that measurement was not possible without police protection. It is further submitted that others have been granted anticipatory bail by this Court. Considering the aforesaid facts, let the above named petitioners be released on bail in the event of arrest or surrender before the learned court below within a period of 2 twelve weeks from today, on furnishing the bail bond of Rs.10000/(ten thousand) each with two sureties of the like amount each to the satisfaction of C.J.M. Sasaram in Sasaram (M) P.S. Case No. 1064 of 2011 subject to the conditions as laid down under section 438(2) of the Cr.P.C. Anil/ (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.