IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20628 of 2010 BUDHAN YADAV Versus THE STATE OF BIHAR ------ 2/ 02.08.2010 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner is one of the assailants of the deceased who shot firing on the person of the deceased though his shot hit on the arm of the deceased. The defence is alibi that petitioner was working at Punjab and involved due to enmity as his wife deposed against the informant in Sessions Trial No. 37 of 2007. No doubt that can be taken for prevailing enmity but petitioner has been shown as assailant of the deceased though his shot may not be proved fatal. Considering the facts and circumstances of the case, the prayer of the petitioner is rejected. shail (Mandhata Singh, J.)