IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35955 of 2009 PANKAJ KUMAR GUPTA S/O BIJOY PD. GUPTA RESIDENT OF MOHALLA-PACHNA ROAD , WARD NO-22, NAYA BAZAR,P.S- LAKHISARAI, DISTT-LAKHISARAI. ……Petitioner. Versus THE STATE OF BIHAR ----------- 4. 14.12.2009. Heard. The prayer for bail of the petitioner for offence under Section 395 and 412 of the Indian Penal Code is basically sought on the issue of identification by taking a plea that in paragraph 50 of the case-diary co-accused Monu Mandal had only named Pankaj Kumar and not the petitioner whose name is Pankaj Kumar Gupta. This court had earlier called for the report of criminal antecedent but the counsel had insisted that since the case- diary had been received, there would be no need for fresh report of criminal antecedent. Counsel for the State would submit that in the case-diary there is no mention about the criminal antecedent and as such it would be difficult to verify the statement of the petitioner in paragraph 14 of the bail application wherein it has been asserted that 2 the petitioner has got no criminal antecedent. Considering all these aspects and specially the fact that implication of the petitioner arises out of only confession of co-accused, this court would direct for release of the petitioner namely Pankaj Kumar Gupta on bail on his furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of CJM, Lakhisarai in connection with Lakhisarai P. S. Case No. 305 of 2009, subject to verification by the court below that the petitioner has got no criminal antecedent. In other words, if any criminal case is pending against the petitioner, he would not be released on bail. kanchan (Mihir Kumar Jha, J.)