IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39541 of 2010 MD.ILYAS Versus STATE OF BIHAR ----------- 03 24.05.2011 Heard both sides. Learned counsel for the petitioner, while pressing this application for anticipatory bail, submits that in the F.I.R. there is no allegation of assault attributed to the petitioner. In course of investigation, the prosecution changed the story and allegation has also been attributed to the petitioner. It is next submitted that if the materials in the case record is to be accepted for the sake of argument it would be a case of single blow and as such intention to commit murder cannot be drawn. In my view, petitioner should surrender and make aforesaid submissions before the Court below which shall be considered and disposed of in accordance with law uninfluenced by the present order. The application stands dismissed with the aforesaid liberty. Sym (Kishore K. Mandal, J.)