IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46824 of 2008 NAJO YADAV & ANR Versus STATE OF BIHAR ------ 04/ 17-03-2009 Heard learned counsel for the petitioners and the State. Deceased along with the mother was coming from market. Four accused persons were seen sitting under a tree. One of them, namely, Rajesh shot firing which hit the deceased, he tried to flee but was caught by both the petitioners thereafter firing were shot resulting into death of the deceased. Submission of learned counsel for the petitioners is that petitioners are not the assailants. There is enmity. They have falsely been implicated in this case. Submission advanced by informant’s side is that one of the injuries is clear to show that shot was from close range and could be possible only deceased was caught otherwise there was every chance of his fleeing. Enmity is there that can favour the accused in case of any suspicion otherwise that always favour the prosecution case as is present case. Taking that into consideration even petitioners’ custody since 20.08.2008 deserve them not for bail. Accordingly, their prayer for bail is rejected. S.Sb/- (Mandhata Singh, J.)