Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.10378 of 2012 ====================================================== 1. Shashi Mishra S/O Ashok Kumar Mishra Resident Of Village- Tulsi Mohapur, P.S- Sakra, District- Muzaffarpur. .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sunil Kumar Singh, Advocate For the Opposite Party/s : Mr. Akbar Ali APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 2 07-03-2012 Heard. In a criminal prosecution originally registered under sections 307/34 and some other allied offences under the Indian Penal code as also under [STATUTE] was added, the petitioner is admittedly not named in the F.I.R. The F. I.R. has been lodged against other three persons, who are named therein as accused. It is submitted that during course of investigation merely on suspicion the petitioner was also apprehended by the police and his confessional statement was extracted by the police, while he was in police custody, which, according to learned counsel, is not admissible in the eye of law. It is further submitted that there is no legal material available on record to suggest the actual participation of the petitioner in the crime in question. He is in judicial custody since 22.10.2011. Be that as it may, in the facts and circumstances of the case, Patna High Court Cr.Misc. No.10378 of 2012 (2) dt.07-03-2012 2/2 the above named petitioner is directed to be released on bail in connection with Karja P.S. Case No. 108 of 2011 (G.R. No. 1782 of 2011) on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate ( West) Muzaffarpur subject to the conditions that:- (a) That one of the bailors must be a government servant or close family member or relation of the petitioner, who will file an affidavit in the court below showing his/her relationship with the petitioner. (b) If the petitioner is found involved in same and similar nature of cases in future, then in that cases the informant/prosecution shall be at liberty to file a petition for cancellation of the bail of the petitioner, and if such a petition is filed, the court below would be obliged to dispose of the same in accordance with law after giving opportunity of hearing to all concerned. ( c) The petitioner shall make regular pairvi, in the court below in the present case either by appearing himself in person or through representation by their lawyer on each and every date, and if on two consecutive dates petitioner fails to make pairvi, then the court below shall be at liberty to cancel the bail bonds of the petitioner. RPS/- (Birendra Prasad Verma, 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.