Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.44435 of 2011 ====================================================== Uttam Kumar Son of Late Mannu Das Resident of Mohalla- Chhata Tal, Mogalpura, P.S.- Khajekalan, Dist.- Patna .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Rudra Deo, Adv. Mr.Sanjay Kumar, Adv. For the Opposite Party : Mr. Tarun Prasad, Mandal, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 3 23-02-2012 Heard learned counsel for the parties. The petitioner is in custody in connection with Khajekalan P.S. Case No. 72 of 2011 for the offences punishable under [STATUTE] . Learned counsel for the petitioner submits that except the allegation that the deceased was last seen accompanying the accused named in the F.I.R including the petitioner, there is no other material connecting him with the alleged occurrence. He submits that the petitioner has a clean antecedent. He further submits that the deceased was involved in not less than nine cases and had been released on bail recently. Regard being had to the submissions of learned counsel, let the petitioner namely, Uttam Kumar be released on bail on furnishing bail bond Patna High Court Cr.Misc. No.44435 of 2011 (3) dt.23-02-2012 2 / 2 2 of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Patna City, Patna in connection with Khajekalan P.S. Case No.72 of 2011 subject to the following conditions;- (a) That the petitioner shall accept the police papers on the given date and shall also be present on the date fixed for charge and if he fails to do so on two consecutive dates fixed for such purpose, the bail bond of the petitioner shall be liable to be cancelled. (b) The petitioner shall ensure his representation before the Court below on each and every date fixed in the case and failure on the part of the petitioner to ensure his representation on two consecutive dates fixed without reasonable explanation to the satisfaction of the Court below, would entitle the Court concerned to cancel the bail bond of the petitioner and to take him into custody. Bibhash (Jyoti Saran, 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.