Case Facts:
Patna High Court Cr.Misc. No.37733 of 2012 (3) dt.23-11-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.37733 of 2012 ====================================================== Shashi Yadav .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 23.11.2012 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner is in jail custody since 16.5.2012 in a case registered under [STATUTE] and 27 of the Arms Act. Petitioner is named in the first information report and there is allegation against the petitioner that he shot fire on the deceased and subsequently, he as well as other accused fled away from the place of the occurrence along with the dead body of the deceased. Learned counsel for the petitioner submits that according to fardbeyan of the informant itself, the informant is not an eye witness of the alleged occurrence and he came to know about the occurrence from co–villagers but in course of investigation not a single witness except son of the informant has claimed to have seen the alleged occurrence. It is further contended by him that the informant has himself admitted in his fardbeyan that he went at the place of occurrence along with his son Ranjan Yadav. So the fardbeyan of the informant suggests that Ranjan Yadav was also not an eye witness of the alleged occurrence but later on, when statement of Ranjan Yadav was recorded by the Investigating officer at para 6 of the case diary, Patna High Court Cr.Misc. No.37733 of 2012 (3) dt.23-11-2012 the aforesaid witness developed prosecution story and claimed himself to be an eye witness of the alleged occurrence. Regard being had to the facts and circumstances of the case as well as submissions of the parties, I am not inclined to release the petitioner on bail and accordingly, his prayer for bail in connection with Sessions trial no. 744/2012 arising out of Shambhuganj P.S. case no. 08/2012 pending in the court of Addl. Sessions Judge I, Banka is, hereby, rejected. However, the learned trial court is directed to expedite the trial of the petitioner and conclude the same as early as possible. Shahid (Hemant Kumar Srivastava,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.