IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20206 of 2009 1. DAUJEE SINGH,son of late Bhushan Singh 2. Chandrashekhar Singh alias Pappu Singh,son of late Nand Kishore Singh. Both resident of village-Baruna,P.S.- Bhabua,District-Kaimur (Bhabua). Versus THE STATE OF BIHAR ----------- 03/ 15-10-2009 Heard learned counsel for the petitioners, learned counsel for the informant and learned counsel for the State. Petitioners along with others have been shown assailant of the deceased. Previous enmity and alibi have been taken as defence by referring paragraphs-20, 28, 29 and 31 of the case diary but those are not the witnesses who remained present while firing was being made. They can only be taken as defence witnesses, which appear from the statement recorded by the Investigating Officer having more interest to save the skin of the accused persons. Alibi taken in the case can only be considered at the stage of defence. Apparently that appears not believable. Paragraph-14 of the case diary has been referred by the defence, which may not be believed for considering bail of the petitioners but FIR is clear enough involving both the petitioners. Enmity is admitted and prayer has been made for anticipatory bail. Thus, I find it not a fit case for anticipatory bail. Accordingly, this petition for anticipatory bail is rejected. AH/ ( Mandhata Singh, J. )