Case Facts:
Patna High Court Cr.Misc. No.28809 of 2012 (2) dt.30-07-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.28809 of 2012 ====================================================== Yogendra Mukhiya, son of Late Jhingur Mukhiya, resident of Village- Deoka, P.S. Nauhatta, District- Saharsa. .... .... Petitioner. Versus The State of Bihar .... .... Opposite Party. ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 2 30-07-2012 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner has been arrested in connection with S.T. No. 90 of 2012 arising out of Nauhatta P.S. Case No. 115 of 2011, registered under [STATUTE] and Section 25 (1-B)A, 26, 35 and 27 of the Arms Act with regard to recovery of one country made pistol and cartridge from the possession of the petitioner. The petitioner is in jail custody since 24. 10. 2011. Learned counsel for the State contends that petitioner has criminal antecedent. Having regard to the facts and circumstances of the case, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Patna High Court Cr.Misc. No.28809 of 2012 (2) dt.30-07-2012 Additional Sessions Judge 1st, Saharsa, in connection with S.T. No. 90 of 2012 arising out of Nauhatta P.S. Case No. 115 of 2011, subject to condition that petitioner shall appear on each and every date fixed in this case and he shall file Hazri in the nearest police station once in every fortnight for six months. m.p. (Gopal Prasad, J)

Applicable IPC Section: 216

Statute Text:
Section 216 of the Indian Penal Code. Harbouring an offender who has escaped from custody, or whose apprehension has been ordered, If the offence be capital. Whenever any person convicted of or charged with an offence, being in lawful custody for that offence, escapes from such custody, or whenever a public servant, in the exercise of the lawful powers of such public servant, orders a certain person to be apprehended for an offence, whoever, knowing of such escape or order for apprehension, harbours or conceals that person with the intention of preventing him from being apprehended, shall be punished in the manner following, that is to say: if a capital offence — if the offence for which the person was in custody or is ordered to be apprehended is punishable with death, he shall 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, or with imprisonment — if the offence is punishable with imprisonment for life or imprisonment for ten years, he shall be punished with imprisonment of either description for a term which may extend to three years, with or without fine; and if the offence is punishable with imprisonment which may extend to one year and not to ten years, he 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 such offence or with fine, or with both. "Offence" in this section includes also any act or omission of which a person is alleged to have been guilty out of India, which, if he had been guilty of it in India, would have been punishable as an offence, and for which he is, under any law relating to extradition, or otherwise liable to be apprehended or detained in custody in India, and every such act or omission shall, for the purposes of this section, be deemed to be punishable as if the accused person had been guilty of it in India.