Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.37300 of 2012 ====================================================== Manohar Rai .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 01-10-2012 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in Fatuha P.S. Case No. 372 of 2009 registered for the offences punishable under [STATUTE] and Section 47(a) of the Excise Act pending in the court of learned Addl. Chief Judicial Magistrate, Patna City. The liquor shops of Mahanand Rai, Ashok Rai and Sonu Kumar were raided by the police when the petitioner being the brother of Mahanad Rai objected the seizure and made assault to the police personnel. It is submitted by learned counsel for the petitioner that there is no injury to the police personnel and the recovery has not been made from the possession of the petitioner. In view of this Court, it is a case for consideration of regular bail. Let the learned court below consider the regular bail of Patna High Court Cr.Misc. No.37300 of 2012 (2) dt.01-10-2012 2/2 the petitioner if the petitioner surrenders within a period of six weeks. With the above observation, this application is, accordingly, disposed off. Let the order be transmitted to the learned court below through fax at the cost of the petitioner. 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.