Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.7591 of 2012 ====================================================== Bibhuti Rai @ Vishwanath Rai .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 14-03-2012 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 135, 135(A) of the Representation of People Act. The accusation is of creating disturbances at the polling booth. The informant is the polling officer. It is submitted by learned counsel for the petitioner that the accusation has been made against Bibhuti Rai, Raja Ram Pandit and Gopal Das. It is further submitted that the informant has named Bibhuti Rai and not Vishwanath Rai and subsequently the informant has stated that the petitioner was not present at the place of occurrence and filed petition to that effect Patna High Court Cr.Misc. No.7591 of 2012 (2) dt.14-03-2012 2/2 before the learned court below. Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve 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 learned Sub-divisional Judicial Magistrate, Motihari, East Champaran in connection with Rajepur P.S. Case No. 33 of 2011, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. DKS/ (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.