IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29356 of 2009 Om Prakash Panday, S/o Late Bashisht Panday, R/o Village- Shabajpur, P.S. Hussainganj, District-Siwan. ……Petitioner. Versus The State of Bihar …………………………….Opposite Party. ----------- 3. 30. 11. 2009. Heard learned counsel for the petitioner and the State. It is alleged that petitioner has pushed the informant’s husband into river and he was drowned. In the F.I.R. it is alleged by the informant that her husband was killed by the accused persons and when information regarding the same was given by the wife of Ram Lakhan then she came to know that accused persons have killed her husband having drawn, it is pertinent to mention here that in the F.I.R. it is alleged that petitioner has pushed the deceased into river and then he died but during course of investigation it has came that deceased was a man, who used to take wine twice in a day and for drinking he has sold almost entire land. According to the learned counsel for the petitioner it has come during course of investigation that petitioner drowned the deceased into river and two witnesses have claimed to be eye witness of the occurrence but the statement of informant and statement of two witnesses during course of investigation are contradictory to each other, informant has claimed that she was informed by the wife of Ram Lakhan and two eye witnesses are saying that they informed the informant. Statement of witnesses under paragraph 72 and 73 of the case 2 diary are doubted on the ground belatedly recorded and having inimical relation as Tunnu Tiwari, one of the witnesses of paragraph 72 was an accused in a case in which petitioner has given evidence against him, while witness of paragraph 73 has himself filed a complaint case against the petitioner. There may be some substance in the submission advanced by the learned counsel for the petitioner but it is not the stage to favour the petitioner. There is apparent and clear allegation against him. Accordingly, anticipatory bail application of the petitioner is hereby rejected. m.p. (Mandhata Singh, J.)