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: 341

Statute Text:
Section 341 of the Indian Penal Code. Wrongfully restraining any person. Whoever wrongfully restrains any person shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both.