IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12258 of 2010 SK. AZAD son of late Sk. Jainuddin, resident of village-Damodarpur, P.S.- Azam Nagar, Distt.-Katihar----------Petitioner. Versus STATE OF BIHAR ------------ 3. 26.5.2010 Heard learned counsel for the petitioner and the State. Theft was attempted. After detection one of the thieves was apprehended, brutally assaulted and later succumbed to injuries. In that continuation petitioner is alleged for rescue of his accomplice and shot a firing which hit also Horen Mandal, an F.I.R. witness that is doubted on the ground that after receiving fire arm injury it was not possible for him to become an eye witness but injury is simple and it is on the neck. No doubt opinion of a doctor about the injury identifiable but if that is in corroboration with the eye witness may never be doubted. Accordingly, prayer for anticipatory bail of the petitioner is rejected. However, if petitioner surrenders and prays for regular bail which shall be disposed of on its own merit without being prejudiced by this rejection order. Sudip ( Mandhata Singh, J. )