IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1246 of 2008 KOT YADAV Versus STATE OF BIHAR THRO.CBI ----------- 03/ 16.05.2008 Heard learned counsel for the petitioner and learned counsel for the C.B.I. Petitioner is an accused for offences punishable under sections 120B, 417, 468, 471, 192 and 193 of the Penal Code. Learned counsel for the petitioner submits that earlier the petitioner was convicted under sections 302 and 34 of the Penal Code by the Additional Sessions Judge-II, Patna, whereafter his life sentence was confirmed by this Court in criminal appeal and subsequently the petitioner moved the Hon’ble Apex Court in Criminal Appeal No. 536 of 1986. It transpires that during the pendency of the case in the Hon’ble Supreme Court a forged release order was obtained in the name of several persons, including the petitioner. Learned counsel for the petitioner further submits that some of the aforesaid persons were released on the basis of the said forged bail order, but the petitioner was not released and hence he did not take benefit of the said order and remained in jail to complete his sentence. He also submits that some other accused persons with similar allegations have already been enlarged on bail but earlier prayer for bail of the petitioner bearing Cr. Misc. No. 24429 of 2007 was rejected by this Court on 22.08.2008 (Annexure 1) on the ground that other accused persons have remained in custody for a longer period. He also avers that now the petitioner has remained in custody - 2 - for a very long period i.e. for more than one and a half years. In the aforesaid facts and circumstances, this petition for bail is allowed. Accordingly, let the sole petitioner, namely Kot Yadav be admitted to bail on executing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Magistrate-cum-Sub-Divisional Judicial Magistrate, C.B.I., Patna, in connection with R.C. Case No. 70(S)/1996. MPS/ ( S. N. Hussain, J. )