PREMCHANDRA PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the parties.

(2.) This application, under Section 482 of the Code of Criminal Procedure, is for quashment of order dated 23.03.2019 passed by the court of learned Sub-Divisional Judicial Magistrate, East Muzaffarpur in Mithanpura Police Station Case No.481 of 2018.

(3.) The petitioner is an accused in connection with Mithanpura Police Station Case No.481 of 2018 registered under Section 302 of the Indian Penal Code and Section 27 of the Arms Act. The petitioner was arrested in the case on 20.12.2018 and was produced before the learned Magistrate on 21.12.2018 and remanded to judicial custody on 21.12.2018 itself. The aforesaid fact would be evident from the charge sheet submitted in the case vide Annexure 3. The investigation of the case could not be completed even much after expiry of the period of 90 days, which creates indefeasible right in favour of the accused to be released on bail under Section 167 (2) of the Code of Criminal Procedure. The petitioner exercised his right to bail on 23.03.2019 vide petition at Annexure 2, stating therein that the petitioner is ready to abide by the conditions of bail as ordered by the court below.