Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.25682 of 2011 ====================================================== Rajendra Prasad @ Rajan @ Rajendra Master @ Rajendra Ram .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER (Per: HONOURABLE JUSTICE SMT. ANJANA PRAKASH) 03. 18.01.2012 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under [STATUTE] , Section 17 of the C.L.A. Act, Sections 3/4 of Explosive Act and Sections 146, 151 and 152 of the Railway Act. Earlier the petitioner sought permission to withdraw the application and the same was dismissed as withdrawn by order dated 19.08.2010. The petitioner has renewed his prayer for bail on the ground that he is in custody since 18.07.2007 and after 14.09.2010 not a single witness has been examined. A report was called for from the Trial Court from which it has been confirmed that despite notices to the prosecution no one has been produced on its behalf. The submission of the petitioner is that apart from suspicion and the petitioner’s own confession and his criminal antecedents there is no legal material against the petitioner. The further submission is that the petitioner’s cousin brother, Harangi Ram undertakes his responsibility and Patna High Court Cr.Misc. No.25682 of 2011 (3) dt.18-01-2012 2/3 will ensure his attendance on each date of the trial. Considering the same, let the petitioner, above named be released on bail on furnishing bail bond of Rs. 5,000/- (Five Thousand) with two sureties of the like amount each or any other surety as fixed by the Court to the satisfaction of Additional District & Sessions Judge, F.T.C.-V, West Champaran at Bettiah in connection with S.Tr. No. 786/07 arising out of Shikarpur P.S. Case No. 292 of 2006 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner and the other bailor shall be the cousin brother of the petitioner namely Harangi Ram. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (ii) That the petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse. (iii) That the petitioner will be physically present on each date of trial and if he fails to do so on two consecutive dates without reasonable cause, his bail shall stand automatically cancelled. In view of the antecedents of the petitioner, the petitioner is directed to appear before the Superintendent of Police, West Champaran at Bettiah within fifteen days of his release with a copy of this order and every two weeks thereafter for the next nine months. The conduct of the petitioner will be kept under watch in this period by the superintendent of Police Patna High Court Cr.Misc. No.25682 of 2011 (3) dt.18-01-2012 3/3 concerned and if it is found wanting in any respect, a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the petitioner before the court concerned. Vikash/- (Anjana Prakash, 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.