Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.12670 of 2012 ====================================================== 1. Anuj Yadav S/O Naresh Yadav, R/O Vill-Indai, P.S.Sheikhpura, Distt- Sheikhpura 2. Swarath Yadav S/O Late Balmukund Yadav ,/O Vill-Panditpur, P.S.Rajgir, Distt-Nalanda .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : For the Opposite Party/ : ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 2. 28-03-2012. Heard Mr. Ajay Kumar Thakur, learned counsel appearing on behalf of the petitioners and Mr. J.K. Singh, learned Additional Public Prosecutor appearing for the State. The petitioners have questioned the order dated 18.1.2012 passed by the Chief Judicial Magistrate, Nalanda at Biharsharif in a case arising from Silao P.S.Case No.82 of 2011, whereby the learned Magistrate has been pleased to take cognizance of the offence punishable under [STATUTE] . It is the case of the petitioners that their names have transpired during the course of investigation on the basis of confessional statement made by a co-accused and even upon consideration of the materials brought before the court, no Patna High Court Cr.Misc. No.12670 of 2012 (2) dt.28-03-2012 2 offence is made out against the petitioners. Having heard learned counsel for the parties and having considered the submissions of the learned counsel, this court is of the opinion that the issues raised before this court can well be raised by the petitioners at the stage of framing of charge and which shall be considered and disposed of in accordance with law. With the aforesaid observations, the application stands disposed of. ahk/- (Jyoti Saran, J)

Applicable IPC Section: 201

Statute Text:
Section 201 of the Indian Penal Code. Causing disappearance of evidence of an offence committed, or giving false information touching it to screen the offender, If a capital offence. Whoever, knowing or having reason to believe that an offence has been committed, causes any evidence of the commission of that offence to disappear, with the intention of screening the offender from legal punishment, or with that intention gives any information respecting the offence which he knows or believes to be false; if a capital offence — shall, if the offence which he knows or believes to have been committed is punishable with death, be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; if punishable with imprisonment for life — and if the offence is punishable with imprisonment for life, or with imprisonment which may extend to ten years, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; if punishable with less than ten years imprisonment — and if the offence is punishable with imprisonment for any term not extending to ten years, shall be punished with imprisonment of the description provided for the offence, for a term which may extend to one-fourth part of the longest term of the imprisonment provided for the offence, or with fine, or with both.