Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.20166 of 2012 ====================================================== 1. Pinku Mahto S/O Shankar Mahto Resident Of Village- Lalbathani, Kargil Tola, P.S.- Mufassil, District- Sahebganj 2. Sunil Mahto S/O Shankar Mahto Resident Of Village- Lalbathani, Kargil Tola, P.S.- Mufassil, District- Sahebganj 3. Shankar Matho S/O Late Laxman Mahto Resident Of Village- Lalbathani, Kargil Tola, P.S.- Mufassil, District- Sahebganj .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 2. 31-05-2012. Heard learned counsel for the petitioners and learned A.P.P. for the State. The petitioners seek bail in Manihari P.S. Case No. 176 of 2011 registered for offence punishable under [STATUTE] . Learned counsel for the petitioners submits that though they are named in the F.I.R. but the allegation connecting them to the crime is false and unbelievable. It is submitted that the informant, who is the brother of the deceased, has stated that his brother was having liquor with two other named co-accused and not the petitioners. However, it is further stated that when he was coming back, he heard the petitioners talking among Patna High Court Cr.Misc. No.20166 of 2012 (2) dt.31-05-2012 2 themselves that they were going to kill his brother who is the deceased. The date of occurrence is 2.11.2011 but the F.I.R. has been lodged on 8.11.2011. Learned counsel submits that there being no explanation for the delay, there is no material or reason given why the petitioners would commit the crime. Learned counsel submits that there is absolutely no material to connect these petitioners to the crime. It is further submitted that the petitioners have clean antecedent and are in custody since 16.2.2012. Learned A.P.P. for the State submits that the petitioners are named in the F.I.R. and are alleged to have been discussing with regard to killing the deceased and therefore they do not deserve the privilege of bail. Upon hearing learned counsel for the parties and considering the facts and circumstances of the case, the abovenamed petitioners are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Katihar in connection with Manihari P.S. Case No. 176 of 2011. ahk/- (Ahsanuddin Amanullah, 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.