IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14024 of 2010 LAL BAHADUR RAI Versus STATE OF BIHAR ----------- 3/ 14.07.2010 Heard learned counsel for the petitioner and learned counsel for the State. F.I.R. is to the effect that petitioner along with others came to the house of the informant in his search but acknowledging their presence he fled from there. Later on after a little altercation, petitioner is alleged about flinging informant’s father on cot and co-accused Bali Roy is alleged for stabbing his father who succumbed to the injuries. Now, submission of the learned counsel for the petitioner is that enmity is there. After investigation, final form was submitted exonerating this petitioner. No doubt, on the ground of enmity no one can falsely be implicated but at the same time, that can be taken for a motive. In the case Police has exonerated basing the enmity but witnesses are there including eye witness, the wife of the informant, stating that petitioner was there he flung informant’s father on cot then only he could be stabbed. The time when the accident took place makes the allegation more serious as it was 1.00 A.M. So, the alleged overtact even not directly causing any assault 2 may never be taken to favour him for anticipatory bail. Accordingly, prayer of the petitioner is rejected. Shail ( Mandhata Singh, J.)