IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38884 of 2009 1. SATYA NARAYAN SHARMA, 2. Baue Lal Sharma, Both sons of Jhauri Sharma alias Jahari Sharma, residents of village Rampur, Police Station Bakhari, District Begusarai… …Petitioners Versus THE STATE OF BIHAR … OPPOSITE PARTY For the Petitioners: M/S H.P. Singh & Arvind Kumar, Advocates For the S t a t e : Mr. R.P.S. Singh, A.P.P. ….. 3 17.11.2009 Heard learned counsel for the petitioners and the State. The petitioners are accused in a case registered under sections 406, 302, 201 and 120B of the Indian Penal Code. It is submitted on behalf of the petitioners that on 19.02.2006, FIR was lodged by one Parmeshwar Sharma, who happened to be the uncle of the deceased, when the dead body of the deceased was found hanging on a tree. It is further submitted that the statement of the first informant/ complainant (the mother of the deceased) was also recorded by the police under section 161 of the Code of Criminal Procedure, but she had not disclosed anything regarding the complicity of these petitioners. However, after three years - 2 - again a complaint case has been filed by the mother of the deceased alleging therein that the accused Satya Narayan Sharma, had conspired with the help of the co-accused persons to kill the deceased. It is also submitted that apart from the suspicion raised against the petitioners, there is no legal evidence against them. Chargesheet has already been submitted in this case. Further submission is that two co- accused persons, namely, Dinesh Sharma and Raja Ram Sharma, have been granted bail vide order dated 16.10.2009 passed by this Court in Criminal Miscellaneous No. 35805 of 2009. Having regard to the facts and circumstances of the case, the abovenamed petitioners, Satya Narayan Sharma and Baue Lal Sharma, are directed to be enlarged 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, Begusarai, in Bakhari Police Station Case No 9/09. SC (Dr. Ravi Ranjan, J.)