Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.21158 of 2012 ====================================================== 1. Vinay Kumar Singh S/O Late Bahadur Singh Resident of Village Raghunathpur, P.S. Kudra, Distt. Kaimur. 2. Chandan Kumar @ Chanda Kumar S/O Jagdish Sah R/O Village Mujradh, P.S. Nokha, Distt. Rohtas. .... .... Petitioners. Versus 1. The State of Bihar. .... .... Opposite Party. ====================================================== Appearance : For the Petitioner/s : Mr. Dr. S.S. Kishore, Advocate For the Opposite Party/s : Mr. Jitendra Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 02/ 12-06-2012 Heard the learned counsel for the petitioners and learned APP for the State. The petitioners are in custody since 30.03.2012 in connection with alleged offences under [STATUTE] . and 47(a) Excise Act registered in connection with Jagdishpur P.S. Case No. 56 of 2012. Allegation is with regard to recovery of 9 gallons (270 litres) spirit found to be carried on Bolero jeep without any documents. Learned counsel for the petitioners submits that the petitioners are not aware of the illegally recovered spirit from the Bolero jeep. Patna High Court Cr.Misc. No.21158 of 2012 (2) dt.12-06-2012 2/2 Considering the admitted fact of recovery of the illegally carried spirit from the Bolero vehicle it is not believable that the petitioners would not be aware about this fact. In this view of the matter, this Court is not inclined to accept the prayer of the petitioners. The bail petition, accordingly, stands rejected. DKS/ (Vikash Jain, 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.