Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.3171 of 2012 ====================================================== Sujit Kumar Gupta .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 4 12-04-2012 Petitioner is apprehending his arrest in a case registered for the offences punishable under [STATUTE] . Accusation is of receiving V.P. postal money orders by the petitioner which was being sent in lieu of V.P. parcels transmitted by the informant. It is submitted by learned counsel for the petitioner that no accusation has been levelled by the postal department and due to the professional rivalry the present case was lodged. It is further submitted that informant has subsequently retracted from initial version and has filed a petition to that effect before learned Court below. The case of the informant is that the petitioner escaped from the custody of the police for which Giriyak(Katrisarai) P.S. Case No. 178 of Patna High Court Cr.Misc. No.3171 of 2012 (4) dt.12-04-2012 2 / 2 2 2011 was registered under [STATUTE] ., hence it is submitted by learned counsel for the State Mr. J.N. Thakur that anticipatory bail is not maintainable. In view of the fact that informant has retracted from initial version it is fit case for regular bail. Let learned Court below pass appropriate order on regular bail of the petitioner, if the petitioner surrenders within a period of six weeks in connection with Giriyak(Katrisarai) P.S. Case No. 177 of 2011, pending in the Court of learned Chief Judicial Magistrate, Nalanda at Biharsharif. It is expected that learned Court below will dispose off the regular bail application on the same day. With the observations above, the application stands disposed off. Let the order of this Court be transmitted through FAX to the learned Court below at the cost of the petitioner. Shageer/- (Dinesh Kumar Singh, J)

Applicable IPC Section: 225

Statute Text:
Section 225 of the Indian Penal Code. Resistance or obstruction to the lawful apprehension of any person, or, rescuing him from lawful custody. Whoever intentionally offers any resistance or illegal obstruction to the lawful apprehension of any other person for an offence, or rescues or attempts to rescue any other person from any custody in which that person is lawfully detained for an offence, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both; or, if the person to be apprehended, or the person rescued or attempted to be rescued, is charged with or liable to be apprehended for an offence punishable with imprisonment for life or imprisonment for a term which may extend to ten years, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; or, if the person to be apprehended or rescued, or attempted to be rescued, is charged with or liable to be apprehended for an offence punishable with death, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; or, if the person to be apprehended or rescued, or attempted to be rescued, is liable under the sentence of a Court of Justice, or by virtue of a commutation of such a sentence, to imprisonment for life, or imprisonment, for a term of ten years or upwards, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; or, if the person to be apprehended or rescued, or attempted to be rescued, is under sentence of death, shall be punished with 1imprisonment for life or imprisonment of either description for a term not exceeding ten years, and shall also be liable to fine.