Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.39804 of 2011 1. Naresh Rai S/O Ram Babu Rai, Resident of Mohalla Malsalami, Bhathipur, P.S. Malsalami, District Patna. 2. Amar Rai S/O Shrawan Rai, Resident Of Mohalla New Mahendra College, P.S. Pirbahore, District Patna. Versus The State of Bihar ---------------------------------- 03. 17.01.2012 Heard the parties. The petitioners are in custody in connection with Bakhtiarpur P.S. Case No. 139 of 2009 for offence punishable under [STATUTE] . Learned counsel for the petitioners with reference to the allegations as set out in the F.I.R. submits that merely because these petitioners had accompanied another co-accused namely Lal Mohan who happens to be a co-driver in the same company in which the informant is an employee and were present when the khalasi of the truck disappeared and was later found murdered, that they have been involved in the present occurrence, on mere suspicion. Learned counsel, with reference to an order dated 11.10.2010 passed in Criminal Misc. No. 12323 of 2010 (Annexure-4) and an order dated 16.03.2010 passed in Criminal Misc. No. 2076 of 2010 (Annexure- 5), submits that this Court considering the circumstances has granted bail to some similarly placed co-accused. He submits that on mere suspicion the petitioners having clean antecedent have been arrested and continue to remain in custody. Having heard learned counsel for the parties and having perused the materials on record, let the petitioners Naresh Rai and Amar Rai be released on bail upon each one of them furnishing bail 2 bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Barh in connection with Bakhtiarpur P.S. Case No. 139 of 2009 subject to the following conditions: (i) That one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. (ii) That the affidavit shall clearly state that the petitioners are not accused in any other case and if they are, they shall not be released on bail. (iii) That the bailor shall also state on affidavit that they will inform the court concerned if the petitioners are implicated in any other case of similar nature after their release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse. (iv) That the petitioners will give an undertaking that they will receive the police papers on the given date and be present on date fixed for charge and if they fail to do so on two given dates and delay the trial in any manner, they will be liable to be cancelled for reasons of misuse. 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.