IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4990 of 2010 Binod Mandal, son of Late Sagar Mandal, village Bhan, PS and District Madhepura – petitioner. Vs. 1. The State of Bihar, 2. Bhedi Sah, son of Late Madan Sah, village Bhan, PS and district Madhepura – opp. parties. 2 16.2.2010 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. This application has been filed for quashing the order, dated 27.1.2010 passed in Cr. Revision No. 6/2010 by Ist Additional Sessions Judge, Madhepura by which the court below has rejected the petitioner’s application for bail under section 167(2) of the Code of Criminal Procedure for offences alleged to have been committed under sections 366A/379/34 of the Penal Code. It is an admitted fact that the petitioner has remained in custody for more than sixty days and that charge sheet has not been submitted in the case as yet. The Chief Judicial Magistrate as well as the Ist Additional Sessions Judge, Madhepura have held that the petitioner would come under section 167(2)(a)(i) of the Code of Criminal Procedure wherein it is said that the accused is to be released on bail on expiry of a period of ninety days, if the charge sheet has not been submitted within the aforesaid time where the investigation relates to an offence punishable with death, imprisonment for life or imprisonment for a term no less than ten year. On the other hand, sub- section (2) (a) (ii) of section 167 clearly states that where the offence is punishable up to ten years, the accused may be released on bail if 2 no charge sheet has been submitted in the case within a period of sixty days.. In the case of Dilip Ojha vs. State of Bihar, 2001 (3) East Cr. C. 107 Patna (Ranchi Bench), the court had held that “not less than ten years” should not be confused with “up to ten years”. In a case where the maximum punishment is up to ten years, the period of detention which is permissible under section 167(2) Cr.P.C. is only sixty days whereas in an offence where it is punishable for not less than ten years the period of detention is ninety days. In the present case the petitioner is accused under section 366A of the Penal Code. The punishment for the offences committed under section 366A is with imprisonment which may extend to ten years. In the circumstances I find that the case of the petitioner would be covered under section 167(2)(a)(ii) of the Cr.P.C. and he is directed to be released on bail by the court below in Madhepura PS Case No. 433/2009 to his own satisfaction. This application is, thus, allowed. haque (Sheema Ali Khan, J.)