IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25186 of 2010 SHYAM KISHORE DAS @ KISTO DAS B.M.P. SON OF SATYA NARAYAN DAS, RESIDENT OF VILLAGE- RANIPATTI, P.S. KUMARKHAND, DISTRICT-MADHEPURA. --PETITIONER Versus THE STATE OF BIHAR --OPP.PARTY 2 17.08.2010 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. During the course of arguments, on behalf of the petitioner certified copy of protest complaint filed on 04th August, 2009, has also been filed. The petitioner is one of the named accused in this case of murder of brother of the informant and petitioner is named as solitary assailant by fire arm and the informant is not only one of the eye witnesses but also the witness of oral dying declaration made by the deceased before the public at large. No doubt, subsequently, as it appears that deceased’s wife and her brother both appeared naming some one else as assailant of the deceased and they claimed themselves to be eye witnesses on the basis whereof in the protest complaint the informant appears to have taking U turn with the earlier application written by another person (name is concealed). 2 He further support the version of deceased’s wife and brother in law, stated above. I failed to appreciate non-disclosure of name of the author of the first written application. Considering the facts and circumstances, this Court is not inclined to grant the privilege of anticipatory bail to the petitioner and, accordingly, it is rejected. (Akhilesh Chandra, J.) AAhmad