IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43769 of 2008 TARKESHWAR SAH @ TARKESHWAR PRASAD Versus STATE OF BIHAR ----------- 3. 13.1.2009 Heard. The case is under section 302/34 of the Indian Penal Code and there are three unknown persons who are alleged to have shot dead the deceased as per his own statement made to the informant. The petitioner is in custody merely because he returned the mobile of the deceased to his family member. Contention is that the honest and innocent act of the petitioner in returning the instrument to his family member could not be enough to confine the petitioner as a circumstance of complicity. Let the petitioner Tarkeshwar Sah @ Tarkeshwar Prasad be released from custody on his furnishing bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Siwan in Basantpur P.S. case no. 25/08. (Dharnidhar Jha,J.) AI