Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.4309 of 2012 ====================================================== 1. Pintu Mukhiya S/O Yogendra Mukhiya R/O Village-Deoka, P.S.- Nauhatta, Distt.-Saharsa 2. Tentu Mukhiya @ Jai Ram Mukhiya S/O Yogendra Mukhiya ' R/O Village-Deoka, P.S.-Nauhatta, Distt.-Saharsa .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Pramod Mishra For the Opposite Party/s : Mr. Indu Kumar Srivastava,A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 14-02-2012 Petitioners being full brothers are languishing in custody since 24.10.2011 in a case registered under [STATUTE] and Sections 25(1-B)A, 26, 35 and 27 of the Arms Act. From the possession of each of the petitioner one loaded pistol was recovered. It is submitted by the learned counsel for the petitioners that their father has also been implicated in the present case at the behest of one Jasim with whom petitioners are on litigating terms and they have no criminal antecedents. Considering the period of custody of the petitioners, they, namely, Pintu Mukhiya and Tentu Mukhiya @ Jai Ram Mukhiya , are directed to be released on bail on furnishing bail Patna High Court Cr.Misc. No.4309 of 2012 (2) dt.14-02-2012 2 / 2 2 bond of Rs.10,000/-(Ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saharsa, in connection with Nauhatta P.S. case no.115 of 2011. sudip/- (Dinesh Kumar Singh, 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.