IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24431 of 2010 SUNIL TANTI, S/o Late Sri Veer Tanti. Versus THE STATE OF BIHAR with Cr.Misc. No.20639 of 2010 MITHUN KUMAR, S/o Vijay Mandal. Versus THE STATE OF BIHAR ----------- 02. 11.08.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offences under Section 302 of the Indian Penal Code and later on Sections 396 and 412 of the Indian Penal Code was added and Section 27 of the Arms Act. It has been submitted that the petitioners are not named in the First Information Report and subsequently they were named in the confessional statement of the co-accused which revealed that one Gaurav Yadav had fired at the deceased since the deceased had identified him and thereafter the motor- cycle of the deceased was recovered from one Bhola Yadav. Considering the same, let the petitioners, above named who are in custody since 16.01.2009 2 and 19.12.2008 respectively be released on bail on furnishing bail bonds of Rs. 5,000/- (Five Thousand) each with two sureties of the like amount each to the satisfaction of Additional Sessions Judge, F.T.C.-IV, Munger in connection with S.Tr. No. 165 of 2010 arising out of Kasim Bazar P.S. Case No. 161 of 2008 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 and the other bailor shall be the father/brother of the petitioners. The bailor will also undertake to inform the Court if there is any change in the address of the petitioners. (ii) That the bailor shall also state on affidavit that he 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. (iii) That the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. In view of the antecedents of the petitioners, 3 the petitioners are directed to appear before the Supdt. of Police, Munger within fifteen days of their release with a copy of this order and thereafter every two weeks for the next nine months. The conduct of the petitioners will be kept under watch in this period by the S.P. concerned and if it is found wanting in any respect, a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the petitioners before the court concerned. The fact that the petitioners are implicated in only two other cases besides the present one will be verified by the Court concerned before releasing the petitioner on bail. Vikash/- (Anjana Prakash, J.)