Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.42497 of 2011 ====================================================== Rupesh Yadav, S/o Late Jallo Yadav, R/o Village- Singhia, P.S.- Nara Ram Nagar, District - Munger. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Nawal Kishore Singh, Advocate For the Opposite Party/s : Mr. Ram Priya Saran Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 3 14-03-2012 Heard the parties. The petitioner is in custody in connection with Sessions Trial No.158 of 2011 arising from Munger Muffasil P.S. Case No.14 of 2009 for the offences punishable under [STATUTE] and sections 25 (1-B) A, 26, 27 and 35 of the Arms Act. The petitioner is said to have been arrested during cross fire taking place between accused and police. Learned counsel for the petitioner submits that in absence of any injury report of any of the police personnel the allegation set out under [STATUTE] is not made out against the petitioner. He further submits that for the alleged recovery of double barrel gun with 2 fired cartridges, the petitioner is in custody since 1.2.2011. Regard being had to the submission of learned counsel and the materials on record, let the petitioner, namely, Rupesh Yadav 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 of Sri V.K. Singh, Additional District Judge, F.T.C.-III, Munger in connection with Sessions Patna High Court Cr.Misc. No.42497 of 2011 (3) dt.14-03-2012 2 Trial No.158 of 2011 arising out of Munger Muffasil P.S. Case No.14 of 2009 subject to the condition that the petitioner shall ensure his representation before the trial court on each and every date fixed in the trial and failure on the part of the petitioner to ensure his representation on two consecutive dates fixed in the trial without reasonable explanation to the satisfaction of the trial court, would entitle the court concerned to cancel the bail bonds of the petitioner and to take him into custody. SKPathak/- (Jyoti Saran, 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.