IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31456 of 2009 ARBIND SINGH @ BANTI SINGH, SON OF RAJESHWAR SINGH, RESIDENT OF VILLAGE BANJARIA, P.S. MADHUBAN, DISTRICT EAST CHAMPARAN AT MOTIHARI. ----- PETITIONER Versus THE STATE OF BIHAR ----- OPPOSITE PARTY ----------- 4 15.3.2010 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. Petitioner is apprehending his arrest in a case under Sections 447, 341, 324 and 307 of the Indian Penal Code and Section 27 of the Arms Act. The allegation against the petitioner is that he is said to have fired on the chest of the informant. Counsel for the petitioner submits that the petitioner was firstly examined at the Primary Health Centre, Madhuban where the doctor found entry wound and exit wound. Thereafter the informant was examined by Dr. R.P. Singh, Deputy Superintendent, Sadar Hospital, Motihari. The injury report of Dr. R.P. Singh amd X-ray plate and chest X-ray plate was examined by Dr. S.N. Choudhary and he has reported that there is no bony injury on the chest and left arm so injury will be simple. Both appear to contradict each other. Considering the allegations that the injury is with fire arm, I am not inclined to grant anticipatory bail to the petitioner. This application is dismissed. However, considering the supplementary affidavit indicating that the petitioner has fractured his ankle in an accident, I direct that the petitioner Arbind Singh @ Banti Singh should be 2 released on provisional anticipatory bail in the event of his arrest or surrender within a period of six weeks in connection with Madhuban P.S. Case No. 30 of 2009 on furnishing bail bond of rupees ten thousand with two sureties of the like amount each to the satisfaction of the Sub-divisional Judicial Magistrate, Pakridayal, East Champaran at Motihari subject to the conditions laid down under Section 438(2) of the Cr.P.C. Sanjay (Sheema Ali Khan, J.)