Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.38294 of 2011 ====================================================== Sunil Yadav S/O Late Dipan Yadav Resident Of Village - Hiring , P.S.- Hunterganj , District - Chatra . .... .... Petitioner Versus The State Of Bihar .... .... Opposite Party with Criminal Miscellaneous No.1303 of 2012 ====================================================== Bhola Barihi @ Bhola Sharma S/O Ram Niwas Sharma R/O Village - Bhondal, Police Station - Huntarganj, District - Chatra ( Jharkhand ) .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 03. 02-03-2012 Heard the parties. The petitioners are custody in connection with Amas P.S. Case No. 74 of 2010 for offence punishable under [STATUTE] . While the truck of the informant loaded with mustard oil was proceeding to Jamui the alleged occurrence happened in which the driver of the truck was found murdered. The cleaner of the truck Vijay Yadav who is named accused was found missing. Learned counsel for the petitioners submits that the name of these petitioners of the two applications have transpired by reason of the confessional statement of the named accused Vijay Patna High Court Cr.Misc. No.38294 of 2011 (3) dt.02-03-2012 2 Yadav as recorded in the case diary. It is stated that save and except the confessional statement made by the named accused Vijay Yadav, there is no other material connecting these petitioners to the alleged occurrence. Learned counsel further with reference to the order dated 04.01.2012 passed in Criminal Misc. No. 31527 of 2011, submits that the said Vijay Yadav has since been released on bail by a bench of this Court. Regard being had to the circumstances and the submission of learned counsel, let the petitioners Sunil Yadav and Bhola Barihi @ Bhola Sharma be released on bail upon each one of them furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of: (i) learned Sub-Divisional Judicial Magistrate, Sherghati, Gaya in connection with Amas P.S. Case No. 74 of 2010, G.R. No. 499 of 2010 insofar as Criminal Misc. No. 38294 of 2011 is concerned, and (ii) learned 1st Additional District and Session Judge, Gaya in connection with Sessions Trial No. 30 of 2011 arising from Amas P.S. Case No. 74 of 2010 insofar as Criminal Misc. No. 1303 of 2012 is concerned, subject to the following conditions: (a) That the petitioners will receive the police papers on Patna High Court Cr.Misc. No.38294 of 2011 (3) dt.02-03-2012 3 the given date and be present on date fixed for charge and if they fail to do so on two given dates fixed for such purpose and delay the trial in any manner, their bail bonds will be liable to be cancelled for reasons of misuse; and (b) That the petitioners shall ensure their representation before the court below on each and every date fixed in the case and the failure on the part of the petitioners to ensure their 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 bonds of the defaulting petitioner(s) and to take him/them into custody. S.Sb/- (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.