Case Facts:
Patna High Court Cr.Misc. No.2098 of 2012 (4) dt.20-04-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.2098 of 2012 ====================================================== B. Subramanium @ Srikant @ Sukant .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 04/ 20.04.2012 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner is in jail custody since 1.5.2011 in a case registered under [STATUTE] , sections 13,18, 20, 21, 23(2) of the U.A. P. Act, 1967 and 17 C.L.A. Act. It is stated that the petitioner and some other accused persons were caught from a room. Nexalite literatures as well as some other articles were recovered from the aforesaid room. It is also stated that involvement of the petitioner was found in some other serious cases and petitioner carries several other cases. Learned counsel for the petitioner submits that having more or less similar allegation one co-accused Vijay Kumar Arya has already been granted bail by this court and moreover, possession of nexalite literatures does not constitute an offence. Although learned Addl. Public Prosecutor opposed the prayer but he could not succeed to show this fact that except nexalite literatures, any other thing has been recovered from the possession of the petitioner. No doubt, first information report reveals that involvement of the petitioner was found in some other cases but in my view, the Patna High Court Cr.Misc. No.2098 of 2012 (4) dt.20-04-2012 aforesaid fact is not a ground to detain the petitioner in the present case. Considering the above stated facts and circumstances as well as submissions of the parties, let the petitioner, B. Subramanium @ Srikant @ Sukant, be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Katihar in Barsoi P.S. Case no. 74/2011 subject to the conditions that one of the sureties shall be local and holder of the landed property and furthermore, petitioner shall attend the learned trial court in person on each and every date for the period of nine months or till conclusion of the trial and if he fails to do so on two consecutive dates without any reasonable explanation, the learned trial court shall be at liberty to cancel the bail bonds of the petitioner. It is made clear that during the above stated period, if the petitioner lodges in jail in connection with any other cases, the aforesaid condition shall not apply in respect of the petitioner. shahid (Hemant Kumar Srivastava,J)

Applicable IPC Section: 212

Statute Text:
Section 212 of the Indian Penal Code. Harbouring an offender, If the offence be capital. Whenever an offence has been committed, whoever harbours or conceals a person whom he knows or has reason to believe to be the offender, with the intention of screening him from legal punishment; if a capital offence — shall, if the offence is punishable with death, be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine; if punishable with imprisonment for life, or with imprisonment — 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; and if the offence is punishable with imprisonment which may extend to one year, and not 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 imprisonment provided for the offence, or with fine, or with both. "Offence" in this section includes any act committed at any place out of India, which, if committed in India, would be punishable under any of the following sections, namely, 302, 304, 382, 392, 393, 394, 395, 396, 397, 398, 399, 402, 435, 436, 449, 450, 457, 458, 459 and 460; and every such act shall, for the purposes of this section, be deemed to be punishable as if the accused person had been guilty of it in India.