IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29871 of 2009 SHYAM KUMAR Versus STATE OF BIHAR ----------- 3 27.10.2009 Heard learned counsel for the petitioner and the State. Petitioner seeks bail in a case instituted for the offence under section 376 of the Indian Penal Code. It has been submitted by the counsel for the petitioner that there is cutting in the report of the first information report so far as the date of the occurrence is concerned, which assumes significance on account of the fact that the petitioner for reasons of land dispute was assaulted on 1.11.2008 for which a case has been instituted by him and later on the same date has been made the date of occurrence of the present first information report. The further submission is that on account of assault by the informant and others the petitioner had remained in the hospital for about seven months. The medical report annexure-3 shows that the doctor did not find any mark of violence on the person of the informant who is an adult. Taking into consideration the aforementioned submission let the above named petitioner be released on bail on furnishing bail bond of Rs. 5000/- (fiuve thousand) with two sureties of like amount each to the satisfaction of S.D.J.M,, East Muzaffarpur in Sahebganj P.S. case no. 167 of 2008, subject to the condition that one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner, and further that the petitioner will give an undertaking that he will receive the police papers on the given date and be - 2 - present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse. (Anjana Prakash, J) M.Rahman