Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.17875 of 2012 ====================================================== Praveen Singh .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 14-05-2012 Petitioner is apprehending his arrest in a case registered for the offences punishable under [STATUTE] . It is alleged that from the petitioner’s godown some fertilizers were recovered when godown were seized and chaukidar was deputed to guard the sealed fertilizer. It is alleged against this petitioner that he tried to take away the fertilizer by committing theft. It is submitted by learned counsel for the petitioner that on 03.10.2011 a case under Section 7 of the Essential Commodities Act was lodged and on the next day the present case has been lodged when there is no proof with regard to taking away the fertilizer by the petitioner and except under Section 7 of the Essential Commodities Act, there is no case pending against the petitioner. It is further submitted Patna High Court Cr.Misc. No.17875 of 2012 (2) dt.14-05-2012 2 / 2 2 that had the petitioner be on the spot, he would have been apprehended and the own version of the informant suggests that informant was not present at the place of occurrence. Considering the nature of accusation, let the petitioner namely Praveen Singh, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jehanabad in connection with Ghosi P.S. Case No. 210 of 2011. Shageer/- (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.