IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31988 of 2010 1. VIJAY YADAV SON OF SURESH YADAV. 2. BENI MANAL S/O BANARSAI MANDAL. Versus STATE OF BIHAR ----------- 3. 28.04.2011. By order dated 28.10.2010 application on behalf of petitioner no.2 has been withdrawn. For petitioner no.1, heard learned counsel for the parties. Petitioners are alleged for catching deceased Brajesh Yadav @ Fantush, thereafter co-accused Shiva Kant Yadav shot him dead is corroborated by several witnesses. No doubt, most of them are family members. They are dis-believed by the Investigating Officer on statement of some witnesses who were stating illicit relationship of deceased’s wife with informant Santosh Kumar Yadav, but they are silent on the point of real assault rather are stating sound of firing. They went to the house of the informant where according to them, they could not reveal about taking place of the incident alleged in the First Information Report, really appears an attempt by the Investigating Officer to save the real assailant and rightly notices by the learned Chief Judicial Magistrate in taking cognizance in this case. Enmity if was there on the point of election that may be taken a reason behind committing the crime. Hence, prayer of the petitioner for anticipatory bail is rejected. Ibrar/- ( Mandhata Singh, J.)