IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19860 of 2010 OM PRAKASH BAITHA @ DR.OM PRAKASH BAITHA Versus STATE OF BIHAR ----------- 2 17.06.2010 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Thawe Police Station Case No. 12 of 2010 (G.R. No. 435 of 2010) for offences punishable under Sections 302/201/34 of the Indian Penal Code and 27 of the Arms Act. Learned counsel for the petitioner with reference to the statement of allegations set out in the F.I.R., submits that he has not been named therein. He further submits that the deceased was in relationship with the sister of co-accused Kuldip Kumar Baitha and it is only that the present petitioner is related to the said Kuldip Kumar Baitha and that his name has transpired during the course of investigation. He submits that there is no specific allegation against this petitioner except that the deceased was seen with him as stated by one of the witnesses. Learned counsel with reference to the 2 order passed by the Court below submits that the area of suspicion reveals around Kuldip Kumar Baitha and Guddu Miya and not the petitioner. Having regard to the circumstances aforesaid, let the petitioner namely, Om Prakash Baitha @ Dr. Om Prakash Baitha be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount to the satisfaction of learned Chief Judicial Magistrate, Gopalganj in connection with Thawe P.S. case No. 12 of 2010 (G.R.No. 435 of 2010) subject to the condition that the petitioner would be attending the Court below on each and every date fixed and failure on his part to attend the Court on two consecutive dates without reasonable explanation to the satisfaction of the Court below would confer liberty to the Court concerned to initiate proceeding for cancellation of his bail bond and for taking him into custody. Bibhash ( Jyoti Saran, J.)