Case Facts:
Patna High Court Cr.Misc. No.10600 of 2012 (2) dt.07-03-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.10600 of 2012 ====================================================== 1. Mukesh Kumar @ Mukesh Ram S/O Chandrama Ram @ Chandrika Ram R/O Village- Nadawa, P.S.- Baniyapur, Distt.- Saran .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 07-03-2012 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner seeks bail in connection with a case instituted for the offence punishable under [STATUTE] . It is submitted that the deceased died on 5.10.2008 at 11 p.m. An information in this regard was given by the father of petitioner a co-accused, namely, Chandrama Ram @ Chandrika Ram pursuant to which a U.D. case was registered. The contention of co-accused Chandrama Ram @ Chandrika Ram was that the deceased died due to accident. Subsequently, the informant came to know regarding the death of Suresh Ram and he lodged a complaint case in the court of learned Chief Judicial Magistrate, Chapra at Saran on 11.10.2008 which was referred to the police for institution of the first information report under section 156(3) of the Cr.P.C. The informant has suspected the hands of the Patna High Court Cr.Misc. No.10600 of 2012 (2) dt.07-03-2012 petitioner and five others in commission of murder of the deceased. Co-accused Chandrama Ram @ Chandrika Ram and Shambhu Ram have already been granted bail by the learned Sessions Judge, Saran by order dated 16.3.2011 passed in BP No.1509 of 2010. It has also been submitted that save and except wild suspicion and hypothetical presumption, there is absolutely nothing to connect the petitioner with the alleged offence. Be that as it may, considering the facts and circumstances of the case the petitioner named above is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra in connection with Baniyapur P.S. Case No.24 of 2009 subject to the conditions (i) that both the bailors will be close relative of the petitioner who will give separate affidavit giving genealogy as to how they are related with the petitioner (ii) that the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him to disclose such facts to the court or to any other authority (iii) that he shall remain present before the court on the dates fixed for hearing of the case. If he wants to remain absent, then he shall take prior permission of the court and in case of Patna High Court Cr.Misc. No.10600 of 2012 (2) dt.07-03-2012 compelling and unavoidable circumstances for remaining absent, he shall immediately inform the court and request that he may be permitted to be present through counsel (iv) that liberty is given to the State to make an appropriate application for modifying/recalling the order granting bail, if for any reason, the petitioner violates any of the conditions imposed by this court. Md.S./- (Ashwani 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.