MATAR MIYAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the State.

(2.) Petitioner's prayer for his release under Section 167(2) of the Code of Criminal Procedure is refused on the ground that petitioner's case falls under Section 167(2) (a) of the Code of Criminal Procedure. Section 167 of the Code of Criminal Procedure provides the period of investigation for accused persons in custody and that is limited to 90 days and 60 days according to the nature of punishment. Section 167(2) runs as follows :

(3.) This section only authorizes a Magistrate to remand an accused in custody. In all cases other than given in sub-section 2(a)(i) the maximum period of custody in course of investigation is sixty days. Sub-section (a)(i) provides the cases basing the period of punishment specifying its nature either death or imprisonment for life or imprisonment for a term of not less than ten years. Parties are at agreement that once the minimum period comes below ten years then sixty days will be the maximum period in course of investigation. For the instant case under Sections 25(1-B) and 26(2) of Arms Act, it is said that the maximum punishment which can be awarded is for a period not less than five years which may day only be extended to ten years and never qualifies not less than ten years.