Case Facts:
Patna High Court Cr.Misc. No.10655 of 2012 (2) dt.19-03-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.10655 of 2012 ====================================================== Devki Nandan Choudhary & Anr. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.11510 of 2012 ====================================================== Satte Choudhary @ Satya Narayan Choudhary & Ors. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 19.03.2012 Supplementary affidavit is filed on behalf of petitioners brining this fact on record that petitioner no.2 in Cr. Misc. no.10655/2012 has already died. In view of supplementary affidavit, prayer for bail of petitioner no.2, namely, Kamal Choudhary @ Kamlakant Choudhary in Cr. Misc. no.10655/2012 stands dismissed as being infructous. Both the above stated petitions have arisen out of Hathauri P.S. Case no. 10/1997 registered under [STATUTE] and, accordingly, both the above stated petitions are being disposed off by this common order. Admittedly, none has seen the actual killing of the deceased and the case is based on circumstantial evidence. Furthermore, I find that earlier investigation of this case was taken by one A.S.I, namely, Sikandar Mandal who submitted charge sheet on 30.10.1998 but before submission of the aforesaid charge sheet, C.I.D had already Patna High Court Cr.Misc. No.10655 of 2012 (2) dt.19-03-2012 taken charge of investigation and information regarding the aforesaid fact was given to the concerned officials on 11.9.1997 but in spite of that the aforesaid A.S.I submitted charge sheet. Furthermore, second charge sheet has been submitted showing the case “as mistaken of fact”. It is relevant to mention here that arrest of the petitioners had already been stayed before submission of the second charge sheet and furthermore, higher police officials also prayed before the concerned court not to take notice of the first charge sheet but it appears from the submission of the parties that the court took cognizance of the offence and petitioners moved before the learned Sessions Judge who stayed further proceeding of above stated Hathauri P.S. Case no. 10/1997 by order dated 7.9.2002 passed in Cr. Revision no. 12/2001 which was disposed off on by the learned Addl. Sessions Judge, Rosera on 3.5.2010. It is pointed out by learned counsel for the petitioners that after disposal of Cr. Revision no. 12/2001, petitioners preferred Cr. Misc. no. 19584/2010 which is still pending before this court. No doubt, earlier prayer for anticipatory bail of the petitioners was rejected by this court with specific direction to the petitioners to surrender before the court but considering the above stated facts and circumstances as well as submissions of the parties, let, petitioners, Devki Nandan Choudhary, Satte Choudhary @ Satya Narayan Choudhary, Lagin Choudhary @ Nagaur Choudhary, Sobha Kant Choudhary, Vinod Choudhary, Ashok Choudhary, Krishna Kumar Choudhary and Mahanand Choudhary be released on bail on Patna High Court Cr.Misc. No.10655 of 2012 (2) dt.19-03-2012 furnishing bail bonds of Rs 10,000/-each with two sureties of the like amount each to the satisfaction of the Addl. Chief Judicial Magistrate, Rosera, Samastipur in Hathauri P.S. Case no. 10/1997. shahid (Hemant Kumar Srivastava,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.