Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.28381 of 2011 ====================================================== Bishwanath Thakur .... .... Petitioner/s Versus 1. The State of Bihar 2. Girijesh Pandey .... .... Opposite Parties ====================================================== CORAM: HONOURABLE MR. JUSTICE MANDHATA SINGH ORAL ORDER 6 13-08-2012 Perused the show cause of District and Sessions Judge, Bhagalpur dated 28.2.2012 at Flag-‘AB’. The same is accepted. Heard learned counsel for the parties. Cancellation is sought on technical ground that once (earlier) prayer for anticipatory bail of opposite party no.2 Girijesh Pandey was refused by this Court vide Cr. Misc. No. 24308 of 2010. Initially a case was lodged on his O.P. no.2’s behalf against petitioner Bishwanath Thakur and others for the offence under [STATUTE] and section 25(1- A), 26/35 of the Arms Act, after investigation the case was found untrue. The Police recommended for initiating a case under [STATUTE] along with section 25 of the Arms. This much was the position when anticipatory bail petition was sought by opposite party no.2 earlier. Now circumstance is changed which has been taken by the Sessions Judge that the Chief Judicial Magistrate, West Patna High Court Cr.Misc. No.28381 of 2011 (6) dt.13-08-2012 2 Champaran at Bettiah differing the opinion of the Police took cognizance in the case filed on behalf of opposite party no.2 namely Bettiah Muffasil P. S. Case No. case no. 115/09. Thus, the liability about having in possession of fire arms is shifted upon the petitioner which originally was reported by opposite party no.2. So, I find no ground to cancel the bail granted to opposite party no.2. Accordingly, prayer for cancellation of anticipatory bail is rejected. A.I./- (Mandhata Singh, J)

Applicable IPC Section: 211

Statute Text:
Section 211 of the Indian Penal Code. False charge of offence made with intent to injure. Whoever, with intent to cause injury to any person, institutes or causes to be instituted any criminal proceeding against that person, or falsely charges any person with having committed an offence, knowing that there is no just or lawful ground for such proceeding or charge against that person, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both; and if such criminal proceeding be instituted on a false charge of an offence punishable with death imprisonment for life, or imprisonment for seven years or upwards, shall be punishable with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.