Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.39350 of 2012 ====================================================== Akhilesh Choubey .... .... Petitioner. Versus The State Of Bihar .... .... Opposite Party. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 16-10-2012 Heard learned counsels for the petitioner, informant and the State. The petitioner is apprehending his arrest in a case registered for the offences punishable under [STATUTE] and 3 of The Prevention of Damage to Public Property Act. It is alleged that the petitioner entered into the office of R.T.P.S. and started pressurising for issuance of certain certificates. Thereafter in the first round, taken back the application filed by him and subsequently snatched records and damaged the furniture. It is submitted by learned counsel for the petitioner that the Complaint Case No. 1055(C) of 2012 was filed by one Saroj Kumar Jalaj, Up-Pramukh, against the informant which has been brought on record Annexure-2 to the supplementary affidavit filed by the petitioner in which the petitioner is witness Patna High Court Cr.Misc. No.39350 of 2012 (2) dt.16-10-2012 2 / 2 2 thereafter the present case was registered on 13.09.2012 for occurrence of 12.09.2012. It is submitted by learned counsel for the informant that the petitioner created disturbance and obstructed the public servant in discharging of their official duties. The statement has been made in paragraph no. 18 of the petition that the petitioner has no criminal antecedent. Considering the aforesaid facts, let the 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 Buxar (Town) P.S. Case No. 312 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. Buxar, 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 filing of affidavit that the petitioner will regularly co-operate in investigation. If the petitioner will repeat the act in next one year then the learned court below will be liberty to cancel the bail of the 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.