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: 182

Statute Text:
Section 182 of the Indian Penal Code. Giving false information to a public servant in order to cause him to use his lawful power to the injury or annoyance of any person. Whoever gives to any public servant any information which he knows or believes to be false, intending thereby to cause, or knowing it to be likely that he will thereby cause such public servant: to do or omit anything which such public servant ought not to do or omit if the true state of facts respecting which such information is given were known by him, or to use the lawful power of such public servant to the injury or annoyance of any person, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.