IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26601 of 2010 MD.KHALIL s/o Late Altaf resident of village Manjhouli, PS Neemchak Bathani District- Gaya…… Petitioner. Versus STATE OF BIHAR ------- 3. 11.10.2010 Having heard learned counsel for the petitioner and learned counsel for the State as with regard to the prayer for bail of the petitioner for offence under Section 302/307/34 as also other allied offence, this Court would not find any merit in that part of submission of learned counsel for the petitioner that there was no corroboration of the version of the informant as with regard to manner of occurrence as allegedly given by the deceased himself to his son- informant inasmuch as though the deceased had been severely attacked and assaulted but he did not succumb to them immediately till he was taken to hospital by his son, the informant, where he had died in course of his treatment. Such version of the accompanying informant of revealing the name of the petitioner to him by his father as the main assailant by causing firearm injury by a double barrel gun is also corroborated from post- mortem report recording a number of injuries including two fire arm injury by way of two circular wounds of exit 2 and entry normally capable of being caused by such double barrel gun. In that view of the matter, this Court would find it difficult to accept the submission of the learned counsel for the petitioner that there was no other eye witnesses to support the version of the informant or that the statement of the deceased was not recorded by the police in course of his treatment in the hospital. From the reading of the first information report it is clear that though the deceased had been taken to the hospital but he succumbed to his injuries within twelve hours. In such circumstances this Court would not find the absence of further statement of the deceased before the police to be itself a sufficient ground for grant of bail to the petitioner facing the allegation of being main assailant. That being so, the petitioner being the alleged main assailant, his prayer for bail is, hereby, rejected. kanchan/- ( Mihir Kumar Jha, J.)