Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.44578 of 2011 ====================================================== Dev Nandan Yadav Son of Sri Baleshwar Yadav, Resident of Village - Ghughri, P.S. - Moharnpur (Barachatti), District - Gaya. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 3 12-03-2012 Heard learned counsel for the parties. The petitioner is in custody in connection with Barachatti (Mohanpur) P.S. Case No. 218 of 2010 (Sessions Trial No.26 of 2011) for the offences punishable under [STATUTE] . Learned counsel for the petitioner with reference to the allegation made in the F.I.R. submits that although the name of this petitioner also finds mention in the fard beyan, the charge of throwing the two boys namely, Vikash Kumar son of Suresh Yadav, Nitish Kumar son of Sukhdeo Yadav the informant is directed against the co-accused Satyendra Yadav @ Jhakhra. It is with reference to the statement made by the surviving victim boy namely, Vikash Kumar submitted that the said victim boy has specifically named the other co-accused Satendra Yadav @ Jhakhra of throwing him along with the other boy Nitish Kumar in the well. Learned counsel submits that in these circumstances the petitioner having a clean antecedent has been in custody since 22.10.2010. Regard being had to the submissions of learned counsel, let the Patna High Court Cr.Misc. No.44578 of 2011 (3) dt.12-03-2012 2 petitioner namely, Dev Nandan Yadav be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of 1st Additional Sessions Judge, Gaya in connection with Barachatti (Mohanpur) P.S. Case No. 218 of 2010 subject to the condition that 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.