Case Facts:
Patna High Court Cr.Misc. No.23780 of 2011 (8) dt.27-01-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.23780 of 2011 ====================================================== Md. Imteyaz Khan .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ranjeet Kr. Mishra, Advocate For the Opposite Party/s : Mr. Akbar Ali, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER (Per: HONOURABLE JUSTICE SMT. ANJANA PRAKASH) 8. 27.1.2012 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in a case registered under [STATUTE] and 25(1B)A, 26, 35 of the Arms Act. The background of the case is that on 7.12.2007 a case was instituted against one Raj Kishore Paswan by the S.I. Ganga Dayal Prasad, one of the co-accused, stating therein that some arms were recovered from his possession. On 19.2.2008 charge sheet was submitted against the said Raj Kishore Paswan, in which cognizance was taken. Two days later on 21.2.2008, a case was instituted by one Lalan Sharma, S.I. of Sitamarhi P.S. stating therein that the entire story of recovery was completely false and in fact arms had been planted by the accused persons including the petitioner, who was a police constable and the driver of the S.P. to implicate Raj Kishore Paswan, who had reported about the Patna High Court Cr.Misc. No.23780 of 2011 (8) dt.27-01-2012 misdeeds of the petitioner and other police personnels. An application was also given for further investigation [STATUTE] (8) Cr.P.C., but till date there is no report in the matter. The Counsel for the petitioner submits that if at all the case was found false against Raj Kishore Paswan it was open to the Investigating Officer to proceed u/ss.182 and 211 Cr.P.C. instead of filing a separate case by way of a counter version. The Counsel for Raj Kishore Paswan submits that it is only on the intervention of the D.I.G., who ordered that the case against Raj Kishore Paswan be withdrawn, that the petitioner was proceeded against and once the entire matter came to light the petitioner was dismissed from service and, therefore, he does not deserve anticipatory bail. Considering that there are two versions of the occurrence and till date no report has been submitted on the further investigation in the case instituted against Raj Kishore Paswan, let the petitioner above named be released on anticipatory bail in the event of arrest or surrender before the learned court below within a period of four weeks from today in connection with Sitamarhi P.S. case No.67 of 2008 on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Sitamarhi, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as also conditions (i) That one of the bailor will be a close Patna High Court Cr.Misc. No.23780 of 2011 (8) dt.27-01-2012 relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will undertake to furnish information to the Court about any change in address of the petitioner. (ii) That the affidavit shall clearly state that the petitioner is not an accused in any other case and if he is he shall not be released on bail, (iii) That the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse, (iv) That the petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse, (v) That the petitioner will be well represented on each date if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. Narendra/ ( Anjana Prakash, J. )

Applicable IPC Section: 452

Statute Text:
Section 452 of the Indian Penal Code. House-trespass, having made preparation for causing hurt, assault, etc. Whoever commits house-trespass, having made preparation for causing hurt to any person or for assaulting any person, or for wrongfully restraining any person, or for putting and person in fear of hurt, or of assault, or of wrongful restraint, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.