Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.2372 of 2012 ====================================================== Rakesh Kumar .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== With Criminal Miscellaneous No.3175 of 2012 ====================================================== Niranjan Kumar @ Tantan Singh .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH) 2 25-01-2012 Heard learned counsels for the petitioners and the State. The petitioners are apprehending their arrest in a case registered under [STATUTE] . It is alleged that the petitioner Niranjan Kumar @ Tantan Singh came to the office of the informant and asked that Patna High Court Cr.Misc. No.2372 of 2012 (2) dt.25-01-2012 2 / 3 2 if the informant will remove Rakesh Kumar from agent for construction of Kisan Bhawan at the Block then she will be killed. It is submitted by learned counsel appearing on behalf of petitioner, Rakesh Kumar that admittedly he was not present at the place of occurrence and nothing has been alleged against him rather he was transferred from the said Block one year prior to the occurrence. Considering the fact that there is specific accusation of giving threat against Niranjan Kumar @ Tantan Singh, this Court is not inclined to grant bail to Niranjan Kumar @ Tantan Singh. The application with regard to Niranjan Kumar @ Tantan Singh is rejected. So far as, other petitioner Rakesh Kumar is concerned, since there is no specific accusation against him, let the above named petitioner Rakesh Kumar be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing the bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai In connection with Patna High Court Cr.Misc. No.2372 of 2012 (2) dt.25-01-2012 3 / 3 3 Halsi P.S. Case No. 89 of 2011 subject to the conditions as laid down under Section 438(2) of the Cr. P.C. Amrendra/- (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.