NARESH RAM Vs. STATE OF BIHAR

JUDGEMENT

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

(2.) THIS criminal revision application is directed against the order dated 6. 5. 2008 whereunder the Sub-Divisional Judicial magistrate, Lakhisarai has refused to release the petitioner on bail in the light of the provisions contained in proviso to sub-section (2) of Section 167 of the Code of criminal Procedure. The validity of the said order has been challenged on the ground that after expiry of the statutory period of ninety days with effect from the date of remand i. e. 5. 2. 2008 on account of failure of the prosecution to file charge-sheet, petitioner applied for grant of compulsive bail on 6. 5. 2008 in terms of proviso to sub-section (2) of Section 167 Cr. P. C. which application was allowed under orders dated 6. 5. 2008 itself directing the petitioner to furnish bail bonds of Rs. 7,000 (Seven thousand)with two sureties of the like amount. Copy of the said order was, however, also forwarded to the Superintendent of Police for his information.

(3.) IN compliance of the said order bail bonds of Rs. 7,000 (Seven thousand) with two sureties of the like amount was furnished on 6. 5. 2008 itself but before the same could be accepted the charge-sheet was received on 6. 5. 2008 and in the light of the charge-sheet bail bonds were not accepted and thereby indefeasible right of the petitioner which accrued in terms of proviso to sub-section (2) of Section 167 Cr. P. C. was allowed to be defeated.