Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.14890 of 2012 ====================================================== Md. Daud, son of Md. Maznu, resident of mohalla-Bhikanpur Jhoparpatti, P.S.-Ishaquechak, District-Bhagalpur. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 10-04-2012 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State. The petitioner seeks bail in a case instituted for the offence punishable under [STATUTE] . It is submitted that the petitioner was not named in the F.I.R. His name transpired during investigation as one of the miscreants who had man handled the informant, a police constable and snatched his pistol which was found later on the same date. The informant being a drunkard had himself created a law and order problem on the eve of Holi and a case was also instituted against him by the petitioner. Other co-accused Md. Kasim has been granted bail by order dated 15.9.2011 passed in Cr. Misc. No. 30415 of 2011 and co-accused Md. Munna has been granted bail by order dated 1.3.2012 passed in Cr. Misc. No. 7868 of 2012. The case of the petitioner stands on identical footing to that of the other co-accused persons who have already granted bail by different orders passed by this Court. Considering the facts and circumstances of the case, the Patna High Court Cr.Misc. No.14890 of 2012 (2) dt.10-04-2012 2 / 2 2 petitioner is directed to be released on bail on his executing a bond with two solvent sureties, each in a sum of Rs. 10,000/- (Ten Thousand only) to the satisfaction of Sri Kumar Kaushal Kishore, the learned Judicial Magistrate, Bhagalpur in connection with Ishakchak P.S. Case No. 21 of 2011 on the following conditions: (i) That both the bailors will be close relative of the petitioner who will give separate affidavit giving genealogy as to how they are related with the petitioner. (ii) That the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him to disclose such facts to the court or to any other authority. (iii) That he shall remain present before the court on the dates fixed for hearing of the case. If he wants to remain absent, then he will take prior permission of the court and in case of compelling and unavoidable circumstances for remaining absent, he will immediately inform the court and request that he may be permitted to be present through the counsel. (iv) That liberty is given to the State to make an appropriate application for modifying/recalling the order granting bail, if for any reason, the petitioner violates any of the conditions imposed by this Court. Sanjeet/- (Ashwani 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.