Case Facts:
Patna High Court Cr.Misc. No.49108 of 2012 (2) dt.19-12-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.49108 of 2012 ====================================================== Mantu Yadav son of Sri Ajoidhya Yadav, resident of village-Chintaman Chak, PS-Pandarak, District-Patna. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rakesh Kumar, Adv. For the Opposite Party/s : Mr. Rajesh Krmar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 2 19-12-2012 Heard learned counsel for the petitioner and learned counsel for the State. In this case, the petitioner is making prayer for regular bail in Pandarak P.S. Case No. 58/2012 for offences under [STATUTE] and 27 of Arms Act. It has been alleged in the FIR that one Gangotri Company has been working South of Railway line Bahiyar for NTPC and the criminal started resorting fire. On information the police party approached the place of occurrence and resorted four rounds of fire and after that criminals started running from the place of occurrence. The allegation has been made that the criminals while fleeing away from the spot set on fire of two Dhampher and one Pokhlane Machine, the informant has claimed that from the light Patna High Court Cr.Misc. No.49108 of 2012 (2) dt.19-12-2012 of burning machine some criminals named in FIR were identified. The counsel for the petitioner submits that there is no specific allegation made against the petitioner and it is not possible for the informant to identify 20 persons of the group of the criminals. It has further been submitted that there is no injury from other side and similarly situated persons Hari Ram Yadav had been granted bail in Cr. Misc. Nos. 39837/12 and 42812/12 In view of the order passed by the Court in aforesaid cases, let the above named petitioner be released on bail in connection with Pandarak P.S. Case No. 58/2012 on his furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Addl. Chief Judicial Magistrate, Barh (Patna), subject to condition that one of the bailors will be close relative of the petitioner and the petitioner will remain cooperate in the criminal proceeding in the court below. If the court below finds non-cooperation of the petitioner, the court below will have a liberty to pass the order for cancellation of bail of the petitioner. Mahesh/- (Shivaji Pandey, 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.