IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15291 of 2008 MADAN SHARMA & ANR Versus THE STATE OF BIHAR ----------- 3/ 07.07.2008 Heard learned Counsel for the petitioners, learned Counsel for the State and learned Counsel appearing on behalf of the informant. Two sons of late Sita Ram Singh are the petitioners in this application. The case was registered by petitioner no. 1 regarding killing of his uncle Arjun Sharma on the allegation that two persons have killed him. In course of investigation, the name of the petitioners transpired as the persons who are responsible for the occurrence. Submission of learned Counsel for the petitioners is that there is no witness of the entire occurrence. The name of petitioners have been brought at belated stage i.e. after two years of the occurrence on the ground that on the date of occurrence two accused persons were wearing black shirts and as such it was believed that those persons were the petitioners as they wearing black shirts on the date of occurrence. Brother of the deceased Sarjun Sharma has filed a Succession Case for grant of Succession Certificate with respect to the amount which was lying in different banks in the name of the deceased Arjun Sharma. Further submission is that the petitioners are the gotias and they are not the beneficiaries. A vakalatnama has been filed on behalf of Sanjay Kumar S/O Sarjun Singh and on his behalf it is submitted that it has come during statement of witnesses recorded in para 147 and 148 that the petitioners are the persons who were responsible for killing. 2 There is no direct or even circumstantial evidence against the petitioners. Their names have come at the belated stage. Considering the facts and circumstances of the case, the petitioners Madan Sharma and Jairam Sharma are ordered to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gaya in connection with Belaganj P.S. Case No. 142 of 1998. kksinha/ (Shyam Kishore Sharma, J.)