IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43763 of 2009 1. AJAY SINGH S/O LATE BALESHWAR SINGH R/O VILL NANDA MURA, P.S. SISWAN, DISTT- SIWAN Versus 1. THE STATE OF BIHAR ----------- 4. 10.03.2010 Heard the learned Counsel for the petitioner, the learned counsel for the State and the learned counsel for the informant. Despite the order dated 17.2.2010 no affidavit has been filed by the District Magistrate, Saran. The prayer of the petitioner in a Police Case under Sections 302 and other provisions of the Penal Code was rejected earlier on 6.10.2007 in Cr. Misc. No. 40105 of 2007 noticing that he was alleged to have fired. He is in custody since 27.4.2006. His prayer for bail was rejected thereafter twice when on one occasion it was withdrawn. Learned Counsel for the petitioner produces a copy of the report of Medical Board dated 23.2.2010 in context of the order dated 13.1.2010 which states as follows:- “We are of the opinion that then is threat of life to patient and the patient requires higher centre treatment”. Unfortunately this report has not been placed from the authentic source of the District Magistrate as directed. It is difficult for this Court to take notice of the same at this stage. This application is disposed with a direction to the District Magistrate, Saran, that if there is a report of the Medical Board dated 23.2.2010, he shall without any further delay, no sooner that a copy of this order is presented before him, arrange to have the report submitted before the court below which shall then proceed to enlarge the petitioner on bail on terms and conditions to its satisfaction. The object of the criminal law is to punish the offender provided the offender survives. Snkumar/- (Navin Sinha,J.)