Brajesh Rai @ Vijay Rai @ Bijay Kumar Rai And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.28421 of 2014 (05) dt.23-03-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28421 of 2014 ======================================================

1. Brajesh Rai @ Vijay Rai @ Bijay Kumar Rai

2. Rohit Kumar @ Chhotu .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Amrit Abhijat For the Opposite Party/s : Mr. Sucheta Yadav(A.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 23-03-2015 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor assisted by learned counsel for the informant.

Deceased, Anil Kumar had joined company of Pintu Rai as well as Jawahar Rai at their pretext on 24.11.2013 at about 8.30 p.m. and since thereafter, found missing. His dead body was found on the following day in decomposed condition. Although, in the written report, there happens to be absence of motive. However, during course of investigation, it has been collected that deceased, Anil Kumar had got some sort of affection with co-accused Shilpi Kumari as well as it has also been disclosed that as the accused persons had borrowed money from the deceased, on account thereof, some of sort of strained relationship was also perceived.

Gone through the case diary including the

Patna High Court Cr.Misc. No.28421 of 2014 (05) dt.23-03-2015 supplementary case diary, none of the witnesses have had disclosed having the deceased Anil Kumar seen in company of these two petitioners whatever material has been brought up, that happens to be extra-judicial confessional statement that of Shilpi Kumari without identifying specific role played at the end of these petitioners.

Consequent thereupon, petitioners Brajesh Rai @ Vijay Rai @ Bijay Kumar Rai and Rohit Kumar @ Chhotu each are directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Mr. A. K. Srivastava, learned Judicial Magistrate, 1st Class, Saran at Chapra in the event of their surrender or arrest within four weeks in connection with Parsa P. S. Case no.115 of 2013, subject to condition as enumerated under Section 438(2) of the Cr.P.C. with a further direction to co-operate with the investigation, failing which the privilege so granted will cease to survive.

(Aditya Kumar Trivedi, J) Vikash/- U T