Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.26736 of 2012 ====================================================== Bidiyapati @ Vidyapati Thakur .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 31-07-2012 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under [STATUTE] and Section 7(i) (a) (ii) of the Essential Commodities Act. From the fertilizer shop of one Abdul Khalid, 78 bags of fertilizer were seized which were kept for selling without any license. It is alleged against this petitioner that on the next date when the informant went to the village shop for confirmation, this petitioner protested as a result of which the shop could not be sealed. It is submitted by learned counsel for the petitioner that there was no occasion for the informant to seal the shop when the fertilizers were given to Abdul Khalid on the date of actual seizure which suggests that actual seizure was not made on the alleged date of seizure. Patna High Court Cr.Misc. No.26736 of 2012 (2) dt.31-07-2012 2/2 Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-divisional Judicial Magistrate, Purnea in connection with Purnea Sadar (Mufassil) P.S. Case No. 256 of 2011, subject to the conditions as laid down under Section 438(2) Cr.P.C. Amrendra/- (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.