IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.299 of 2011 1. Dinesh Das son of Liladhar Das @ Lalchan Das resident of village – Bagh Dhaswa, p.s. Belhar, District – Banka. 2. Aghor Singh son of Battan Singh resident of village Matiakor, P.S. Belhar, District – Banka. Versus The State Of Bihar & Ors ----------- 03. 27.06.2011 Heard learned counsel for the petitioner and the State. The prayer of the petitioner is for quashing the order dated 16.11.2010 passed by the Chief Judicial Magistrate, Banka in connection with Belhar Police Station Case No. 39 of 2010 whereby the prayer of the petitioner for his release in terms of the provisions of Section 167 (2) of the Code of Criminal Procedure was rejected. It is submitted that although the charge sheet dated 15.11.2010 has been submitted on 16.11.2010 when the petitioner had also made an application for his bail on the said date. Be that as it may, since the charge sheet has been submitted by the date petitioner made an application for his bail he is not entitled to be released under the provisions of Section 167(2) of the Code of Criminal Procedure. However, it will be open for the petitioner to make an application for regular bail. In case such application is filed, the same be considered on its own merits without being prejudiced by the present order. The writ application stands disposed of with the above observations/directions. Jagdish/ ( Shailesh Kumar Sinha, J.)