Delay condoned.
Leave granted.
State of Bihar has appeared pursuant to notice.
By the order dated 08/08/2008 passed by the Patna High Court in
Crl.Misc.No.32796 of 2008, impugned in the present appeal, the appellant's prayer for
grant of bail has been rejected, with liberty to renew his prayer before the court
below after completing one year in jail custody.
Learned counsel appearing for the appellant, however, submits that
after the impugned order had been passed, one Surender Prasad and one Mukesh
Prasad had been released on bail on 13/8/2008 and 21/08/2008 respectively, in respect
of the same allegations.
In that view of the matter, having considered the submissions made, we
modify the order of the High Court and since the appellant has already been in custody for about ten months, we delete the bar imposed by the High Court in its
order dated 08/08/2008 and make it clear that the appellant will be at liberty to move
the High Court for grant of bail at any time hereafter.
The appeal is disposed of with the aforesaid modification.
New Delhi, March 16, 2009.