2009 INSC 1188
                           SUPREME COURT OF INDIA

                           Shivendra Sahay

                                                         Vs.

                           State of Bihar

                           Crl.A.No.1018 of 2009

                           (Altamas Kabir and Cyriac Joseph JJ.)

                           13.05.2009

                           ORDER

1. Leave granted.

2. Despite service of notice on the Central Bureau of Investigation (C.B.I.) representing the
State of Bihar, no one appears to oppose the appellant's prayer for grant of bail in connection
with FIR No.RCPAT 2004/0029 dated 6th October, 2004.

3. Learned counsel for the appellant submits that out of the 13 accused in the case, 12 have
already been granted bail and that he has been refused bail by the impugned order. Having
seen the impugned order and having considered the submissions made and having further
regard to the fact that out of 13 accused, 12 have already been released on bail, we allow the
appeal and set aside the order passed by the learned High Court and direct that the the
appellant be released on bail to the satisfaction of the learned trial court.

4. The appeal is allowed.

5. CRIMINAL APPEAL No.1019 OF 2009 Leave granted.

6. Despite service of notice on the Central Bureau of Investigation (C.B.I.) representing the
State of Bihar, no one appears to oppose the appellant's prayer for grant of bail in connection
with FIR No.RCPAT 2004/0030 dated 6th October, 2004.

7. Learned counsel for the appellant submits that out of the 14 accused in the case, 12 have
already been granted bail and that he has been refused bail by the impugned order. Having
seen the impugned order and having considered the submissions made and having further
regard to the fact that out of 14 accused, 12 have already been released on bail, we allow the
appeal and set aside the order passed by the learned High Court and direct that the appellant
be released on bail to the satisfaction of the learned trial court.

8. The appeal is allowed.                                         SpotLaw
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