R.R. Prasad, J. - (1.) Heard learned counsel appearing for the petitioner, learned counsel for the informant and learned APP appearing for the State.
(2.) The petitioner, who is an accused for offence under Sections 147, 148, 149, 307 and 120-B of Indian Penal Code and Section 27 of Arms Act, prays for anticipatory bail expressing apprehension of his arrest in connection with Giridih (M) P.S. Case No. 132 of 2005.
(3.) Learned counsel appearing for the petitioner submits that it is the case of the prosecution that while the informant who is Assistant Manager was sitting in the office of Brahmdiha Open Cast Coal Mines Project, Giridih, this petitioner as well as other accused persons named in the FIR and also six unknown persons came over there and as soon as they saw the informant, this petitioner and one Ashok Kumar, Choudhary exhorted others to kill him and thereupon those unknown persons resorted to firing but anyhow the informant got himself saved and raised alarm and upon it several persons assembled over there and started pelting stones upon the miscreants which made them to flee away from there, but the entire allegation is false and as a matter of fact, no such occurrence, as has been alleged ever took place and this false case has been lodged by the informant with a view to save himself from being prosecuted under Section 188 of Indian Penal Code, as he and another had been prevented from coming to the place of occurrence and moreover when the Higher Police Officer (Inspector General of Police, North Chotanagpur Zone, Bokaro) received information that local police has not been investigated the case fairly, he stopped the Investigating Officer to proceed with the investigation so far as this petitioner is concerned and asked the Superintendent of Police, Giridih to inquire into the matter. However, the said order was challenged before this Court, wherein counter affidavit was filed on behalf of the Inspector General of Police, North Chotanagpur Zone Bokaro, wherein it had been stated that the matter being supervised by the Superintendent of Police, Giridih was found to be true only under Sections 147, 148, 149, 341, 337, 338, 427 and 506 of Indian Penal Code, as he did not find any evidence of offence being committed under Section 307 of Indian Penal Code. That apart it has also come to light that one Permeshwar Kumar Agrawal, at whose instance this case was lodged, has written a letter before the Chief Minister, wherein it has been stated that this petitioner and other accused persons came to Brahmdiha Open Cast Coal Mines Project and fired shot in the air and thus, it is evidently clear that this petitioner never committed any offence whatsoever under Section 307 of Indian Penal Code.;