IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.491 of 2008 ARJUN SINGH Versus THE STATE OF BIHAR ----------- 03. 12.05.2008 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner is accused for offences punishable under sections 147, 148, 149, 341, 324, 326, 307, 302 and 120B of the Indian Penal Code as well as section 27 of the Arms Act. Learned counsel for the petitioner submits that the prosecution case is that the informant was sitting along with five persons when the accused persons came there and out of them co- accused Gaya Singh fired at the deceased due to which he fell down whereafter Manoj Singh and Arjun Singh also fired at the deceased whereas other accused persons fired at other persons present there, who were injured. Learned counsel for the petitioner further submits that although three persons are alleged to have fired at the deceased but there are only two fire arm injuries resulting in four wounds; one wound of entry, and the other wound of exit on the neck of the deceased, whereas there is one wound of entry and one wound of exit on the leg of the deceased. Learned counsel for the petitioner also avers that the case of three injuries or more is clearly falsified. Learned counsel for the petitioner further contends that although it is claimed that the informant was sitting along with five persons but the other five persons either said that they were not present on the spot or they did not support the prosecution case. - 2 - Considering the facts and circumstances of the case, this petition is dismissed with a liberty to move again after completing two years in custody. harish (S.N. Hussain, J.)