Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.18996 of 2012 ====================================================== 1. Ranjit Rajbanshi S/O Paro Rajbanshi R/O Ajay Nagar, P.S.- Rupou (Kawakol), Distt.- Nawada. 2. Naresh Rajbanshi S/O Garaho Rajbanshi R/O Ajay Nagar, P.S.- Rupou (Kawakol), Distt.- Nawada. Petitioners Versus 1. The State Of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 2. 28-05-2012. Heard learned counsel for the petitioners and learned A.P.P. for the State. The petitioners seek bail in Kawakole P.S. Case No. 125 of 2011 registered for offence under [STATUTE] and sections 25 (1-b) a/26/35/27 of the Arms Act. Learned counsel for the petitioners submits that though there is allegation that the petitioners were connected to the recovery of arms by the police but the same is only on the basis of the confessional statement of a co-accused, namely Satyendra Ram who was caught along with others with the illegal arms. Learned counsel submits that the petitioners have suo motu surrendered on 19.3.2012. It is submitted that the petitioners have no criminal antecedent which has been stated Patna High Court Cr.Misc. No.18996 of 2012 (2) dt.28-05-2012 2 at para-12 of the application. Learned counsel, however draws the attention of this court to the statement made in para-13 of the application in which it is stated that the other co-accused Sayendra Ram has been granted bail by a coordinate bench of this court by order dated 14.12.2012 passed in Cr. Misc. No. 4081 of 2012. Learned A.P.P. for the State, on the other hand, submits that the petitioners are involved in extremist activity and thus do not deserve the privilege of bail. Considering the facts and circumstances of the case, let the petitioners, named above, be released on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nawada in connection with Kawakol P.S. Case No. 125 of 2012. The petitioners shall also give an undertaking that they shall not indulge in any criminal activity and any violation of the terms and conditions shall lead to cancellation of their bail. 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.