IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11948 of 2011 PAPPU ROY Versus THE STATE OF BIHAR ----------- 3 18.4.2011 Heard learned counsel for the parties. Petitioner has been shown participant among nine who shot indiscriminate firing on injured and the deceased. Discrepancy appeared in the trial of co-accused including appeared in the case diary is made basis for liberty to bail that is one of the injured Bablu Singh made statement, according to learned counsel, making no accusation against this petitioner, may be taken for acquittal I doubt but another circumstance is that witnesses are turning hostile and this petitioner is not preferring surrender for regular bail in which statement of witnesses appearing against him may also be taken into consideration. Petitioner’s earlier prayer for anticipatory bail has been refused just on 11.10.2010. Hence, prayer for anticipatory bail on behalf of petitioner is rejected. However, petitioner is directed to surrender in the court of Chief Judicial Magistrate, Patna in Patliputra P.S. Case No. 2 117 of 2008 and pray for regular bail which shall be decided on its own merit. AI ( Mandhata Singh, J.)