Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.64 of 2012 Suresh Rajwar Versus The State Of Bihar ---------------------------------- 2/ 6.1.2012 Heard learned counsels for the petitioner and the State. The petitioner is languishing in custody since 24.8.011 in a case registered under [STATUTE] and section 25(1-b)a ,26 and 35 of the Arms Act. From the possession of co accused Shambhu Mahto one country made pistol, four live and one used cartridge were recovered. The person was sitting in the room of the petitioner. Hence, it was alleged that the recovery was from the room of the petitioner. Statement has been made in the petition that the petitioner has no criminal antecedent. Considering the aforesaid facts, let the above named petitioner be released on bail on furnishing the bail bond of Rs.10000/(ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M. Nawada in Govindpur P.S. Case no. 64 of 2011. Anil/ ( 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.