IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.26296 OF 2009 SUSHIL PANDEY, SON OF SHIV BHAGAT PANDEY, RESIDENT OF VILLAGE PISAY, P.S. ARANDA, DISTRICT AURANGABAD VERSUS STATE OF BIHAR ----------- 2 09.10.2009 Heard learned counsel for the petitioner and learned counsel for the State. The case is under sections 420, 467 and 386 of the Indian Penal Code. In the first information report, the allegation against one Srikant Pandey is of having received consideration money for sale of land and having backed out. In the F.I.R. there is no mentioning of name of the petitioner nor he has been cited as an accused in the column of accused persons. From the order of the learned court below it appears that there are 11 cases pending against petitioner under various sections of the Indian Penal Code. Therefore, petitioner has criminal history. However, there is nothing in the F.I.R. to show that petitioner is at all involved in the present case. Petitioner is in custody since 9.3.2009. Considering the above facts and circumstances, this application is allowed. Let - 2 - petitioner (Sushil Pandey) be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Aurangabad in Obra P.S. Case No.54/07 with conditions as laid down in sub-section (3) of Section 437 of the Code of Criminal Procedure as may be applicable and also that one of the bailors shall be a close relation of the petitioner. In case of breach of any of the conditions at any stage to the satisfaction of the concerned court below, it shall be at liberty to cancel the bail of the petitioner and take steps for his arrest. B.T (J.N. Singh, J.)