Case Facts:
Patna High Court Cr.Misc. No.40990 of 2012 (2) dt.26-11-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.40990 of 2012 ====================================================== Pappu Yadav .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 26-11-2012 Heard learned counsels for the petitioner and the State. The petitioner is apprehending his arrest in a case registered for the offences punishable under [STATUTE] and 4/40 of Bihar Minor Minerals Concession Rules, 1972. It is alleged that one tractor loaded with stone was seized by the forest officials when one Bharat Choudhary was apprehended while the tractor was taken by the forest officials the petitioner and others made protest and got the tractor released with the stone. It is submitted by learned counsel for the petitioner that Bharat Choudhary, who was apprehended with the tractor, has not been made Patna High Court Cr.Misc. No.40990 of 2012 (2) dt.26-11-2012 accused and the seizure list, which was said to be prepared, has not been brought on record when FIR does not disclosed the registration number of the tractor or the trolley. Considering the nature of accusation, it is a fit case for consideration of regular bail, if the petitioner surrenders before the learned court below within a period of six weeks from today in connection with Sasaram (M) P.S. Case No. 320 of 2012 pending in the court of learned CJM, Rohtas. With the aforesaid observation, this application is disposed of. Let the order be transmitted to the learned court below through fax at the cost of the petitioner. DKS/ (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.