IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.33200 of 2011 1. Phuleshwar Yadav 2. Ravindra Yadav Both S/o Yugal Yadav, R/o Mebi Kachhua, P.S. Kusheshwar Asthan, District-Darbhanga. --Petitioners Versus The State Of Bihar --Opp.party 3 22.12.2011 Heard learned counsel for the petitioners, learned counsel for the informant and learned Additional Public Prosecutor for the State. Both the petitioners are named accused in this case (Kotwali P.S. Case no. 26 of 2011, G.R. no. 395 of 2011, pending before Chief Judicial Magistrate, Patna) with allegation of entering into the house of the informant in mid-night, getting him and other male inmates confined and assaulted and causing murder of his wife taking away some papers and other articles including cash. Submission is of false implication due to previous continued enmity at native village relating to land purchased by the petitioners from one of the co-named accused, Vijoy Kumar Mishra, with whom prosecution side had some negotiation and enmity also. Further said Vijoy Kumar Mushra has already been released after brief 2 detention vide order dated 01.08.,2011 passed in Cr.Misc. no. 15175 of 2011 taking into consideration some sort of complaints earlier raised even before Hon’ble Chief Justice of this Court and submission of charge sheet under Section 302 of the Indian Penal Code etc. Further it is submitted that one of the injured has not been examined during investigation. While objecting the prayer it is pointed out that the miscreants, including the petitioners, made the prosecution side unable to raise any alarm at the relevant time, getting the male members confined and killed the informant’s wife. Neighboring persons, when noticed / informed on release of injured male members, came and support the allegations levelled based on circumstances visualized by them. Considering the facts and circumstances, the petitioners appear not entitled for the privilege sought. Accordingly, prayer of anticipatory bail is refused. AAhmad ( Akhilesh Chandra, J.)