Case Facts:
Patna High Court Cr.Misc. No.43813 of 2012 (2) dt.12-12-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.43813 of 2012 ====================================================== Binod Kumar @ Binod Kumar Rai son of Shri Devendra Ray .... .... Petitioner Versus The State Of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 2 12-12-2012 Heard Mr. Harish Kumar, learned counsel for the petitioner and Mr. R.B. Roy ‘Raman’ learned Additional Public Prosecutor for the State as well as Mr. Amrendra Kumar Singh appearing on behalf of the informant. The petitioner is in jail since 24.07.2012 in connection with Bihta P.S. Case No. 125 of 2012 registered for the offences punishable under [STATUTE] . The only material against the petitioner in the First Information Report is that he had called the deceased from the house thereafter the deceased never returned. Learned counsel for the petitioner submits that over and above this material there is absolutely no material against the petitioner. He further submits that it was found that Upendra Kumar, the other co-accused, who is also said to be the last seen with the deceased has been granted bail by the Court vide order dated 30.10.2012 passed in Cr. Misc. No. 43344 of 2012. He also Patna High Court Cr.Misc. No.43813 of 2012 (2) dt.12-12-2012 submits that there is no motive nor any other material to connect the petitioner with the offence. Learned counsel appearing on behalf of the informant while vehemently opposing the prayer for bail submits that the petitioner was last seen with the deceased and he owed duty to explain as to how the deceased was killed. However, in the facts and circumstances of the case, let the petitioner Binod Kumar, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Danapur, Patna in connection with Bihta P. S. Case No. 125 of 2012. Saif/- (Chakradhari Sharan Singh, 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.