IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.23773 OF 2009 DHARMENDRA SINGH, SON OF NAND KISHORE SINGH, RESIDENT OF VILLAGE MAJLISHPUR, POLICE STATION BIDUPUR IN THE DISTRICTR OF VAISHALI VERSUS THE STATE OF BIHAR ******** 3 23/11/2009 Heard learned Counsel for the petitioner and the A.P.P. appearing on behalf of the State. The petitioner is apprehending his arrest in a case under Sections 307, 324/34 of the Indian Penal Code and Section 27 of the Arms Act. The petitioner’s brother Nagendra Prasad Singh filed the First Information Report in which it is alleged that Kundan, the informant of the present case, has shot at his brother which resulted in his death. As a counter to the case, it is said that this petitioner is said to have fired on the informant, Kundan, injuring his knee. Learned Counsel for the petitioner submits that his brother was dragged from his shop and was killed by the informant. The present First Information Report indicates that there appears to have been exchange of firing from both sides. Considering this aspect, I am not inclined to grant anticipatory bail to the above named petitioner. 2 This application is accordingly dismissed. However, if the petitioner surrenders before the Court below and make a prayer for grant of regular bail, the application for regular bail will be considered on its own merits after consider the injury report of Kundan Kumar and if the injuries are found to be simple in nature, the Court below will grant bail to the petitioner. Anand ( Sheema Ali Khan, J.)