IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20209 of 2009 1. RAMANAND SHARMA SON OF LATE BALESHWAR SHARMA 2. MUKESH SHARMA SON OF SITA SHARMA BOTH ARE RESIDENT OF VILLAGE – TUTURKHI, P.S. KONCH DISTT. GAYA. -----PETITIONER. Versus STATE OF BIHAR ----------- 4 27/10/2009 The two petitioners were named in the F.I.R. when Konch P.S. Case No.7 of 2002 was instituted under Sections 364/34 of the Indian Penal Code. It emerges that subsequently Section 302 I.P.C. has also been added after discovery that two of he kidnapped persons had been found dead. Submission of learned counsel is that even from the statement made by some of the persons who escaped from the clutches of one Mahesh Sharma and his gang, they have not named these two persons as part of the group which had kidnapped or committed murder. Another contention is that even if there was some role played by these petitioners, the petitioners should have been put on Test Identification Parade but no such thing was done. Not only this, some other co-accused persons have been enlarged on bail in similar circumstances. Keeping the above in mind, let the petitioners above named be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gaya, in connection with Konch P.S. Case No. 7 2 of 2002. One of the surety will be executed by the father of the petitioner No. 2 namely Mukesh Sharma and in case of petitioner No. 1 Ramanand Sharma, by a close blood relation on due identification. The petitioner will cooperate in the trial and appear on each and every date in person or through their learned counsel. S. Ali (Ajay Kumar Tripathi, J.)