Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.32911 of 2012 ====================================================== 1. Baleshwar Manjhi 2. Rajnath Singh .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 10-09-2012 Petitioner No. 1 being PDS dealer and petitioner No. 2 alleged to be the instigator are apprehending their arrest in a case registered for the offences punishable under [STATUTE] . and 7 of the Essential Commodities Act. It is alleged that when the informant raided the PDS dealership of the petitioners then he found 10 quintals of wheat and 13 quintals of rice less in the stock when during the raid the petitioner No. 2 instigated the others to attack on the raiding party. It is submitted by learned counsel for the petitioners that informant is in habit of making assault to the PDS dealer for which wife of the petitioner No. 1 has lodged Complaint Case No. 1107 of 2012 against the informant and it is apparent from the F.I.R. that no proper verification was Patna High Court Cr.Misc. No.32911 of 2012 (2) dt.10-09-2012 2 / 2 2 made. Considering the aforesaid facts, let the petitioners namely 1. Baleshwar Manjhi 2. Rajnath Singh, in the event their arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra in connection with Isuapur P.S. Case No. 40 of 2012. Shageer/- (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.