IN THE SUPREME COURT OF INDIA     CRIMINAL APPELLATE JURISDICTION

    CRIMINAL  APPEAL No.2057 OF 2008

             (arising out of S.L.P.(CRL.)NO.6912/2008)                   

   MD. KASIM ...   Appellant(s)                         Versus    STATE OF BIHAR ...  Respondent(s)

 O R D E R

Leave granted.

This appeal is directed against the order of the Patna  

High Court dated 11.8.2008, rejecting the appellant's prayer for grant of  

bail, during the pendency of the appeal.  It is submitted by Mr. Samir Ali  

Khan, learned advocate, appearing for the appellant that out of the sentence  

of 5 years, the appellant has already undergone sentence of four years  

contd...2/-

::2::

imprisonment.  In that view of the matter, the appellant be released on bail  

to the satisfaction of the trial court during the pendency of the appeal.

The appeal is allowed.

                      ...................J.

                               (ALTAMAS KABIR)   

            ....................J.                         (MARKANDEY KATJU)           

New Delhi, December 17, 2008.