IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34195 of 2008 BINDESHWARI YADAV & ANR Versus THE STATE OF BIHAR ----------- 02/ 08.09.2008 Heard. The petitioner Bindeshwari Yadav is named in the FIR of a case under Sections 302, 364 etc. of the IPC and petitioner Musharu Yadav is not named in it. Besides, the petitioner Bindeshwari Yadav is alleged to have picked up the deceased along with accused Bhuneshwar Yadav and alleged to have thrown him into the flowing stream of river Koshi. It is true that the case has been registered under Section 364 IPC, but there does not appear any element of that particular offence, it could be a case under Section 302 IPC and keeping in view the allegations, let petitioners Bindeshwari Yadav and Musharu Yadav be released from custody on furnishing a bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Supaul in connection with Supaul P.S. Case No. 127 of 2004. DKS/ (Dharnidhar Jha, J)