IN THE SUPREME COURT OF INDIA     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]

O R D E R  

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 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.

            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.