IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.109 of 2009 PHULESHWAR YADAV, SON OF SRI ANIRUDH YADAV, RESIDENT OF VILLAGE – BHATANDI, P.S. ROSERA, DISTRICT – SAMASTIPUR. …….. PETITIONER. Versus THE STATE OF BIHAR …….. OPP. PARTY. ----------- 08. 18.03.2009 Heard learned counsel for the petitioner and counsel for the State. Petitioner is aggrieved by the order dated 30.4.2008, whereunder his prayer for release on bail in terms of the provisions contained in sub-section 2 of Section 167 of the Cr. P.C. has been refused on the ground that he was not arrested by the police, rather voluntarily surrendered and remanded on 30.01.2008 and his case shall not be covered by the said provisions even though, no charge sheet has been submitted by the investigating agency within 90 days from the date of his remand. Counsel for the petitioner assailed such order with reference to the provisions contained in sub-section 2 of Section 167 of the Cr. P.C. and submits that accused having been remanded to custody may be after surrender or arrest, the investigation has to be completed within a period of 90 days from the date of remand, failing which he has an indefeasible right to be released on bail on account of default committed by the investigating agency not to complete the investigation within the statutory period. In support of such submission, learned counsel has relied on the judgment of the Supreme Court in the case of Uday Mohanlal Acharya Vs. State of Maharashtra 2001 CRI.L.J. 1832 paragraphs 5 and 6. It is evident - 2 - from perusal of the impugned order dated 30.4.2008 that petitioner surrendered on 30.01.2008 and no charge sheet was submitted till 30.4.2008. In the circumstances, the case of the petitioner was covered by the provisions contained in sub-section 2 of Section 167 of the Cr. P.C. and the court below ought to have released him on bail, but the court below having taken an erroneous view of the matter has refused such privilege to the petitioner under the impugned order, which is accordingly, set aside and the court below is directed to reconsider the matter strictly in the light of the provisions contained in sub-section 2 of Section 167 of the Cr. P.C. While passing such order the court below shall not take into consideration the subsequent submission of the charge sheet by the investigating agency. Application allowed. DKS/ (V.N.Sinha, J.)