IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.293 of 2008 RAJ BANSHI RAI @ RAJBANSHI RAI With Cr. Misc. No. 604 of 2008 JAWAHIR RAI @ JAWAHAR RAI Versus THE STATE OF BIHAR ----------- 03/ 01-05-2008 Heard. The petitioners are accused in a case under Sections 302/120B of the Indian Penal Code. The informant is Nagina Rai maternal uncle of deceased Binod Rai. The allegation is that on 12.7.2007 during night hours the two petitioners along with five others took away Binod Rai and on the next date his dead body was found. During postmortem examination doctor found four ante mortem injuries on the person of the deceased. It further appears that during course of investigation co- accused Hari Kishore Rai confessed before the Police and accepted his guilt that he has killed the deceased Binod Rai with the help of his father Jawahar Rai. He, however, did not name other accused persons. It has been submitted that petitioner Raj Banshi Rai @ Rajbanshi Rai is in custody since 17.7.2007 whereas the other petitioner is in jail since 21.7.2007. There is nothing specific against the petitioners. It has further been submitted that petitioner Raj Banshi Rai @ Rajbanshi Rai has no concerned with the family of Binod Rai and he is resident of another tola. It has further been submitted that co-accused Shyam Sunder Rai has been allowed bail by another Bench of this Court in Cr. Misc. No. 48974 of 2007. It has - 2 - also been submitted that there is no direct evidence against the petitioners. The learned A.P.P. on the other hand, pointed out that Hari Kishore is the son of Jawahar Rai and as per his confessional statement he is the main assailant of the deceased. In the facts and circumstances of the case, the abovenamed petitioners, namely, Raj Banshi Rai @ Rajbanshi Rai and Jawahir Rai @ Jawahar Rai are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, East Champaran, Motihari in connection with Turkaulia P.S. Case No. 146 of 2007. S.Sb/- (Madhavendra Saran, J.)