Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.14573 of 2012 ====================================================== 1. Birendra Yadav @ Balinder Yadav 2. Shankar Yadav. 3. Sanjay Yadav. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 20-04-2012 Heard learned counsels for the petitioner and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under [STATUTE] . It is alleged that the son of the informant, namely Umesh Paswan used to return home late since he was auto rickshaw driver. On 10.07.2010 at 8 AM the informant came to know that his son has been murdered whose dead body has been thrown in Guriawan forest when the informant rushed to find the dead body when suspicion was raised against Nagendra Singh and others with whom the deceased had some altercation earlier. The petitioners were not named in the FIR. Subsequently, during investigation, suspicion was raised against the petitioners. It is submitted by learned counsel for the petitioners that the informant is not the eye-witness to the occurrence and virtually Patna High Court Cr.Misc. No.14573 of 2012 (2) dt.20-04-2012 2/2 there is no eye-witness to the occurrence and only on suspicion the petitioners are sought to be prosecuted in this case. Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Sub-divisional Judicial Magistrate, Sherghati (Gaya) in connection with Barachatty (Mohanpur) P.S. Case No. 142 of 2010, subject to the conditions as laid down under Section 438(2) Cr.P.C. Amrendra/- (Dinesh Kumar Singh, 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.