KARU MANJHI Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this petition a short question which has emerged for consideration under limited jurisdiction is as to whether the petitioner an accused in a murder case in Pakri Barawan P.S. Case No. 64 of 2004 wherein the learned Chief Judicial Magistrate, Nawadah has passed an order dated 6.9.2001 rejecting an application of the petitioner submitted for bail by invocation of the provision of sub-section (2) of Section 167 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Cr PC), contending that the petitioner has acquired an indefeasible right and the view taken by the learned Chief Judicial Magistrate and affirmed in Revision by the learned Sessions Judge, is totally illegal requiring interference of this Court so as to quash and set aside the same.

(2.) Mr. A.N. Singh, learned standing counsel has appeared on behalf of the State. We have heard learned counsel for the petitioner and the State. We have examined the factual profile emerging from the record of this case.

(3.) A bail application with the aid of the provision of sub-section (2) of Section 167 of the Cr PC came to be filed by the petitioner before the trial Magistrate, inter alia, contending that the charge-sheet was not filed within the prescribed statutory limit of 90 days and. therefore, he is entitled to default bail which request was rejected. In our opinion, from the factual profile, as well as, the settled legal proposition and provisions of law, the facts of the present case undoubtedly lead us to only one conclusion that the impugned order of the learned Chief Judicial Magistrate and affirmed in Revision by the learned Sessions Judge, cannot be sustained, being erroneous and not supportable in view of the following facts :