IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11570 of 2010 Lalbihari Yadav, son of Hariballav Yadav, resident of Village- Thatha, P.S. Mansi, District- Khagaria. …Petitioner. Versus The State of Bihar. ……………………… Opposite Party. ----------- 3. 14. 07. 2010. Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in connection Mansi P.S. Case No. 89/2008, registered under Section 302/34 of the Indian Penal Code as also under Section 27 of the Arms Act. Co-accused Awadh Yadav came to the informant's house and called his deceased brother and both left the house. In the way petitioner along with four other were seen in bamboo plant and to follow his brother. In the next morning dead body of deceased lying in a pool of blood was found. Witness appeared, one of them in paragraph 13 of the case diary states that villagers sleeping at the temple were stating about real culprits and villagers sleeping at temple were examined in paragraph 32, 33 and 34 of the case diary in which they are stating about firing of shot by co-accused Binod 2 Yadav and Kailash Yadav and three unknown, at the same time they are stating about false implication of rest of the accused persons including the petitioner. To the extent about real assailant, all the three witnesses may be reliable, but not believable for exoneration of rest of the accused persons due to their having interest in co-villager. Finding petitioner's presence at the relevant time, disentitle him for anticipatory bail. Accordingly, prayer for anticipatory bail of the petitioner is rejected. m.p. ( Mandhata Singh, J.)