Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.42787 of 2011 Sanjay Singh S/O Prbhu Singh Village Rampur , P.S. Agiaon (Garahani) District Bhojpur at Ara Versus The State of Bihar ---------------------------------- 02. 04.01.2012 Heard the parties. The petitioner is in custody in connection with Agiaon (Garhani) P.S. Case No. 26 of 2004 for offence punishable under [STATUTE] . The allegation against the petitioner and other accused persons is of obstructing the Police in arresting the accused in a criminal case and in the process resorting to physical assault and firing. Learned counsel for the petitioner, with reference to the allegations set out in the F.I.R. submits that the allegations are omnibus in nature and no specific overt act has been assigned to this petitioner. He submits that the petitioner has a clean antecedent and is nowhere connected with the criminal case in which the said Jawahar Singh, the arrest for whom, the Police had entered the village. Learned counsel with reference to an order dated 03.02.2010 passed in Criminal Misc. No. 2170 of 2010 and order dated 02.05.2011 passed in Criminal Misc. No. 12669 of 2011, submits that similarly situated co-accused have since been granted bail by a bench of this Court. Having heard the parties and having considered the circumstances, let the petitioner Sanjay Singh be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two 2 sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-III, Bhojpur at Ara in connection with Agiaon (Garhani) P.S. Case No. 26 of 2004 subject to the following conditions: (i) that one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner; (ii) that the affidavit shall clearly state that the petitioner is not an accused in any other case and if he is, he shall not be released on bail; (iii) that the bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the Court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse and; (iv) that the petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner then his bail will be liable to be cancelled for reasons of misuse. S.Sb/- (Jyoti Saran, J.)

Applicable IPC Section: 332

Statute Text:
Section 332 of the Indian Penal Code. Voluntarily causing hurt to deter public servant from his duty. Whoever voluntarily causes hurt to any person being a public servant in the discharge of his duty as such public servant, or with intent to prevent or deter that person or any other public servant from discharging his duty as such public servant, or in consequence of anything done or attempted to be done by that person in 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 three years, or with fine, or with both.