Case Facts:
Patna High Court Cr.Misc. No.6970 of 2012 (2) dt.15-02-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.6970 of 2012 ====================================================== 1. Ram Brajesh Paswan S/O Mohan Paswan Resident Of Village- Chandi, P.S- Charpokhari, District- Bhojpur, Ara. .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 15-02-2012 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner seeks bail in connection with a case instituted under [STATUTE] and sections 25(1-B)A, 26 and 27 of the Arms Act. It is submitted that the petitioner’s wife was contesting for the post of Mukhiya. Her political opponent got him implicated in the present case. Though there is allegation that the petitioner fired but no one sustained any injury. It is denied that any fire arm or cartridge was ever recovered from his possession. He is in custody since 28.4.2011 Considering the period undergone in custody, facts and circumstances of the case, the petitioner named above is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction Patna High Court Cr.Misc. No.6970 of 2012 (2) dt.15-02-2012 of learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Charpokhari P.S. Case No.46 of 2011 subject to the conditions (i) that both the bailors will be close relative of the petitioner who will give separate affidavit giving genealogy as to how they are related with the petitioner, (ii) that the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him to disclose such facts to the court or to any other authority, (iii) that he shall remain present before the court on the dates fixed for hearing of the case. If he wants to remain absent, then he shall take prior permission of the court and in case of compelling and unavoidable circumstance for remaining absent, he shall immediately inform the court and request that he may be permitted to be present through the counsel and (iv) that liberty is given to the State to make an appropriate application for modifying/recalling the order granting bail, if for any reason, the petitioner violates any of the conditions imposed by this court. Md.S./- (Ashwani 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.