IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34411 of 2008 BINOD YADAV Versus THE STATE OF BIHAR ----------- 02/ 08.09.2008 Heard. It is a case under Section 395 of the IPC and the petitioner is a co-villager of the informant, but in spite of that he was not named in the FIR and subsequently, the same informant and some of his family members appear implicating the petitioner. The contention is that if the petitioner was identified, as claimed by the informant and his family members, he ought to have figured as an accused in the FIR. The next contention is that finding a chappal could not be an incriminating article, inasmuch as, any one, who could be rushing to the scene of occurrence might be losing his foot wear in the melee. Regard being had to the above facts and circumstances, let petitioner Binod Yadav be released from custody on furnishing a bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sub-divisional Judicial Magistrate, Masaurhi in connection with Masaurhi P.S. Case No. 381 of 2007. DKS/ (Dharnidhar Jha, J)