IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.440 of 2009 RANJEET SONAR Versus THE STATE OF BIHAR ----------- 3 24.03.2009. Heard learned counsel for the parties. The petitioner is aggrieved by order dated 7.8.2008, passed by Chief Judicial Magistrate, Begusarai in Fulwaria Police Station case no. 18 of 2006, whereby he rejected application under section 167(2) Cr.P.C. to release the petitioner on bail. In order to appreciate submissions of learned counsel for the petitioner facts of the case are necessary to be noticed in brief. Fulwaria Police Station case no. 18 of 2006 was instituted against the petitioner under sections 387/34 of the Indian Penal Code. The petitioner was remanded to custody on 29.3.2008. After more than four months ten days i.e. on 7.8.2008 the petitioner filed an application under section 167(2) Cr.P.C. for being released on bail as no charge sheet was submitted within the statutory period of 90 days. The learned magistrate on receipt of the application called for a report from the GR clerk regarding submission of charge sheet and directed that the matter be put up for orders at 4 pm on that day itself. The later order of learned magistrate would show that no charge sheet was submitted till 2.30 pm. Later on the GR clerk reported that IO has submitted charge sheet at 4 pm. The leaned magistrate rejected the application under section 167(2) Cr.P.C. as not maintainable. It is submitted on behalf of the petitioner that the law enjoins that if no charge sheet is submitted within the statutory period an accused who is in custody would be entitled to benefit of section 167(2) of the - 2 - Cr.P.C. It is further submitted that impugned order passed by the learned Chief Judicial Magistrate, Begusarai is in total disregard of section 162(7) Cr.P.C. as well as law laid down by this Court in case of Karu Manjhi vs the State of Bihar, reported in 2005(3) PLJR 757 and other decisions of the Hon’ble Apex court as well as of this Court. The leaned magistrate has erred in construing scope and object of section 167(2) of the Cr.P.C. It has been well settled that indefeasible right of the accused under section 167(2) Cr.P.C. cannot be defeated by keeping the application pending till charge sheet is submitted. In the instant case, no charge sheet was submitted when the application of the petitioner was taken up for consideration on 7.8.2008. A maximum period of 90days had already elapsed long back towards end of June 2008. Even at 2.30 pm the charge sheet was not received in the office. However the charge sheet was received at 4 pm and the magistrate rejected the application considering the same not to be maintainable. In view of aforesaid circumstances, order of the magistrate rejecting the application as not maintainable is erroneous and is hereby set aside. Consequently, the petitioner (Ranjeet Sonar) is directed to be released on bail on furnishing bail bond of Rs.5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Begusarai in Phulwaria Police Station case no. 18 of 2006. Shashi. (S.P.Singh,J).