Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.4159 of 2012 ====================================================== Sanjeet Kumar@Amit Kumar .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Dr. Rajesh Kr. Singh. For the Opposite Party/s : Mr. Gulnar Begum, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 13-02-2012 Heard learned counsels for the petitioner and the State. The petitioner is languishing in custody since 29.03.2011 in a case registered under [STATUTE] . The accusation is of killing the railway driver and taking away his official mobile and some cash amount. The name of the petitioner sprang up on the confession of the co-accused. It is alleged that from the possession of the petitioner the alleged mobile of the deceased was recovered. It is submitted by learned Sr. counsel for the petitioner that the EMI number of the recovered mobile was different from Patna High Court Cr.Misc. No.4159 of 2012 (2) dt.13-02-2012 2 / 2 2 that of the EMI number of the deceased official mobile and neither and the petitioner nor the alleged mobile has been put on T.I. Parade. Considering the fact that the investigation is complete, let the above named petitioner be released on bail, on furnishing the bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 6th Additional Sessions Judge, Muzaffarpur in connection with Rail P.S. Case No. 11 of 2011. Amrendra/- (Dinesh Kumar Singh, J)

Applicable IPC Section: 216

Statute Text:
Section 216 of the Indian Penal Code. Harbouring an offender who has escaped from custody, or whose apprehension has been ordered, If the offence be capital. Whenever any person convicted of or charged with an offence, being in lawful custody for that offence, escapes from such custody, or whenever a public servant, in the exercise of the lawful powers of such public servant, orders a certain person to be apprehended for an offence, whoever, knowing of such escape or order for apprehension, harbours or conceals that person with the intention of preventing him from being apprehended, shall be punished in the manner following, that is to say: if a capital offence — if the offence for which the person was in custody or is ordered to be apprehended is punishable with death, he shall 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, or with imprisonment — if the offence is punishable with imprisonment for life or imprisonment for ten years, he shall be punished with imprisonment of either description for a term which may extend to three years, with or without fine; and if the offence is punishable with imprisonment which may extend to one year and not to ten years, he 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 such offence or with fine, or with both. "Offence" in this section includes also any act or omission of which a person is alleged to have been guilty out of India, which, if he had been guilty of it in India, would have been punishable as an offence, and for which he is, under any law relating to extradition, or otherwise liable to be apprehended or detained in custody in India, and every such act or omission shall, for the purposes of this section, be deemed to be punishable as if the accused person had been guilty of it in India.