IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4906 of 2011 DR. KULDIP KUMAR BAITHA SON OF SRI SUGAMAR @ SUGAMBAR BAITHA Versus THE STATE OF BIHAR ----------- 3. 4.5.2011. Heard learned counsel appearing on behalf of the petitioner. There is no representation on behalf of the State. Perused the case diary. This is the second attempt on behalf of the petitioner, who is in custody in connection with Thawe P.S.Case No.12 of 2010 for the offences punishable under sections 302, 201 and 34 of the Indian Penal code and section 27 of the Arms Act. Learned counsel for the petitioner, with reference to the statement recorded in paragraph nos.31 and 65 of the case diary, submits that although the same is not admissible in evidence but even if the statement made therein is accepted on its face value, yet the petitioner herein can at best be charged for abetment but not as the perpetrator of the crime. He further submits that for the alleged offence the petitioner has remained in custody since 6.3.2010 and that in the aforesaid back-ground, the prayer of the petitioner may be considered. Regard being had to the submissions 2 of the learned counsel and the period of incarceration, let the petitioner Dr. Kuldip Kumar Baitha be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gopalganj in connection with Thawe P.S.Case No.12 of 2010, subject to the condition that the petitioner would ensure his representation before the court below on each and every date fixed in the case and the failure on his part to ensure his representation on two consecutive dates fixed without reasonable explanation to the satisfaction of the court concerned, would entitle the court below to initiate proceedings for cancellation of his bail bonds and for taking him into custody. ahk ( Jyoti Saran, J.)