SANJAY SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application under Section 482 of the Code of Criminal Procedure has been filed to quash the order dated 20.1.2007 passed by the Sessions Judge, Patna in Criminal Revision No. 45/2007 thereby the learned Sessions Judge has confirmed the order dated 8.1.2007 passed by the Chief Judicial Magistrate. Patna in Kotwali P.S. Case No. 504/2004 whereunder the prayer for release of the petitioner under Section 167(2) of the Code of Criminal Procedure has been rejected.

(2.) Heard learned Counsel for the petitioner as well as the State.

(3.) The petitioner is one of the accused in the aforesaid police case registered under Sections 366/363/120B/34 of the Indian Penal Code. The petitioner surrendered before the court of the Chief Judicial Magistrate, Patna on 14.5.2005 and was remanded to jail custody on the same day. However. even after lapse of Sixty days no charge-sheet was submitted by the police. It was submitted only on 22.7.2005. Thereafter, the petitioner on 16.8.2005 filed a petition for bail under Section 167(2) of the Code of Criminal Procedure which was rejected on the same day. Again it was filed on 5.1.2007 which was rejected by the Chief Judicial Magistrate vide order dated 8.1.2007. The learned Sessions Judge also confirmed the said order.