IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38055 of 2010 KRISHNA SHARMA & ORS Versus STATE OF BIHAR ----------- 2 12.10.2010 Heard the learned counsel for the parties. The petitioners are languishing in custody since 29.7.2010 in a case registered under sections 364 and 302 of I.P.C. It is submitted that for the occurrence of 29.2.1996 Revilganj P.S. Case No.27/96 was registered under sections302,325and452 I.P.C.and section27(1-C ) Arms Act. by one Ram Kishun Sharma in which the petitioners were not accused. Subsequently, after fifteen days of the occurrence one Shiv Pujan Mishra, father of the victim, namely, Umesh Chandra Mishgra lodged a Complaint Case No.273/96 in which the petitioners have been roped. It is further submitted that initially complaint case was sent to the police under section 156 (3) but police did not register the case since substantial case was already registered but by virtue of revisional order subsequently cognizance was taken in complaint case. It is further submitted that the trial of police case is on the verge of the conclusion. In both the cases the main allegation is with regard to assault 2 of Umesh Chandra Mishra who subsequently succumbed to his injuries. Considering the fact that the petitioners were not named in Revilganj P.S. Case No.27/96 contained in Annexure-2 where there is specific allegation against the other accused persons and there is delay of fifteen days in lodging present complaint, let the petitioners, namely, 1. Krishna Sharma 2. Pappu Sharma and 3. Rajendra Sharma, be released on bail on furnishing bail boned of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of the 3rd Additional Sessions Judge, Chapra, in SessionsTrial no.528/10 arising out of Complaint Case No.273/96. Anilkr.sinha (Dinesh Kumar Singh,J.)