IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36992 of 2009 NANHMUTI KUNWAR @ TEJ NARAYAN KUNWAR S/O LATE SHAMBHU KUNWAR Versus THE STATE OF BIHAR ----------- 3. 16.12.2009 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 342 and 302/34 of the Indian Penal Code. The submission is that the petitioner is not named in the first information report and subsequently one Vijay Yadav @ Bilari Yadav was arrested in Simari P.S.case No.102 of 2007 who disclosed the name of the petitioner as one of his associates in various occurrences. Thereafter on 18.8.2008 i.e. almost four years later the son, the nephew and the sister-in-law of the deceased were examined, who cast a suspicion against the petitioner, but there is no explanation as to why they did not name the petitioner earlier. In view of such vague materials against the petitioner, let the petitioner above named, who is in custody since 17.1.2009, be released on bail on furnishing bail bond of Rs.5,000/- (Five thousand) with two sureties of the like amount each to the satisfaction of Shri K.K. Srivastava, Additional District Judge, F.T.C.IV, Buxar in Simari P.S.case No.261 of 2004, subject to the conditions (i) that one of the bailors will be a close relative of the petitioner who will give an affidavit genealogy as to how he is related with the petitioner and (ii) that the petitioner will be well - 2 - represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. The petitioner is directed to report to the District Magistrate, Buxar within 15 days of his release with a copy of this order and every two weeks thereafter and the District Magistrate, Buxar is directed to keep on watch on the conduct of the petitioner for the next six months and if found wanting in any respect, a report shall be made to the court concerned. Upon an adverse report the court will initiate a proceeding for cancellation of bail for reasons of misuse of bail. Narendra/ ( Anjana Prakash, J. )