Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.33814 of 2012 ====================================================== Bishundeo Mahto .... .... Petitioner Versus The State Of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 03-09-2012 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 25(1-B)A, 26, 27 and 35 of the Arms Act. It is alleged that the police party given signal for stopping the motor cycle on which two persons were riding and going on when one of the accused persons resorted to firing on the police party when no injury was caused. One accused person was apprehended from whose possession, a loaded pistol alongwith five live cartridges were recovered. Apprehended accused person named this petitioner who escaped from the scene. The statement has been made in paragraph no. 7 of the petition that the petitioner has no criminal antecedent. Considering the aforesaid facts, let the Patna High Court Cr.Misc. No.33814 of 2012 (2) dt.03-09-2012 2 / 2 2 petitioner, above named, be released on bail in the event of arrest or surrender before the learned court below within a period of twelve weeks from today in connection with Cheria Bariyarpur P.S. Case No. 46 of 2012 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. Begusarai, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. The bail bonds of the petitioner shall be accepted on affidavit being filed before the learned court below that the petitioner will co-operate in investigation and the said affidavit shall be transmitted by the learned court below to the concerned Investigating Officer of the present case. Non co-operation in investigation by the petitioner will give liberty to the prosecution to file an application for cancellation of bail of petitioner. U.K./- (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.