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Shivendra Sahay Vs. State of Bihar [2009] INSC 1058 (13 May 2009)

Judgment

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.1018 OF 2009 [Arising out of SLP(Crl.) No.2815 of 2009] SHIVENDRA SAHAY ... Appellant(s) Versus STATE OF BIHAR ... Respondent(s) WITH CRIMINAL APPEAL No.1019 OF 2009 [Arising out of SLP(Crl.) No.2816 of 2009] ORDER Leave granted.

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.

Learned counsel for the appellant submits that out of the 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 appellant be released on bail to the satisfaction of the learned trial court.

The appeal is allowed.

CRIMINAL APPEAL No.1019 OF 2009 Leave granted.

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.

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.

The appeal is allowed.

...................J. (ALTAMAS KABIR)

...................J. (CYRIAC JOSEPH)

New Delhi,

May 13, 2009.

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