MALONE — A Constable man who was shot by a U.S. Border Patrol agent Monday night has been upgraded to fair condition at a Vermont hospital.

Timothy J. Fleury, 25, was wounded about 10:40 p.m. Monday after he allegedly drove an all-terrain vehicle at two agents. Critically injured, he underwent surgery at Fletcher Allen Health Care, Burlington, Vt., where he was reported in fair and stable condition Wednesday afternoon.

Mr. Fleury was one of two ATV operators being sought during a pursuit over fields and roads between Constable and Westville. It began about 10:10 p.m. when agents spotted what they believed was smuggling taking place along the Canadian border near Trout River in northern Franklin County.

The agents, whose names have not yet been released by state police, told investigators they opened fire when Mr. Fleury drove at them after being spotted along Route 122 in the town of Constable. The agents have been placed on administrative leave pending the outcome of the investigation.

A search for the second ATV operator is continuing. He abandoned the ATV he was operating and fled on foot Monday night, state police said.

Although the second driver had not been located, investigators said the search uncovered three hockey bags containing more than 50 pounds of marijuana near where the pursuit began.