IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8209 of 2009 MUKESH SINGH Versus STATE OF BIHAR ----------- For the petitioner : M/s M.S.Madhup & Ram Prawesh Kumar, Advocates For the State : Mrs. Indu Bala Pandey, A.P.P. ----------- 3 22.04.2009 Mukesh Singh one of the FIR named accused of Barhiya P.S. Case No. 46 of 2006 registered under sections 307/34 IPC and section 27 of the Arms Act is in custody in connection therewith since 12.12.2008 on the allegation that the petitioner along with Anjani Singh and Gautam Kumar arrived and the petitioner with the intention to kill fired which hit Pinku Singh, the brother of the informant, in the left thigh and thereafter all the accused fled away. It appears that the petitioner was treated at the Nazarat Hospital, Mokama, and as per the injury report the wound on the left thigh was opined to be simple caused by gun fire. The witnesses Anuj Singh, Mritunjay Kumar Singh and Gautam Kumar who in the fardbeyan are said to be present in their statement under section 161 Cr.P.C. have stated that they arrived at the place on hearing the sound of gun fire and saw the petitioner fleeing from the place. The nature of injury makes it fall within the ambit of section 326 of IPC and the petitioner cannot be made liable for having fired on the injured. None, except the informant, is said to have seen the occurrence and the injured Pinku Singh has till today 2 not been examined by the police. Due regard being had to the facts and circumstances of the case the petitioner Mukesh Singh is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount to the satisfaction of the learned Addl. Chief Judicial Magistrate, Lakhisarai, in connection with Barhiya P.S. Case No. 46 of 2006. Spd/- (Abhijit Sinha, J.)