IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.964 of 2009 1. BACHANDEO YADAV 2. RAJ KUMAR DAS. …..PETITIONERS Versus STATE OF BIHAR, THROUGH DISTRICT MAGISTRATE, LAKHISARAI. . ….RESPONDENT ----------- For the Petitioners :Mr. Md. Khurshid Alam For the State :Mr. Prakash Kumar Singh, SC 21 ----------- 2. 26.11.2009 Heard learned counsel for the petitioners and the State. The petitioners were made accused in criminal case under various sections of the Penal Code, section 4 of the Prevention of Damage to Public Property Act, 151 and 174 of the Indian Railways Act, 3 and 4 of the Explosives Substances Act and section 17 of the CLA Act. After completion of 90 days of custody when the charge-sheet was not submitted, they made an application for compulsive bail under section 167(2) Cr. P.C on 11.08.2009. A report was called for which confirmed that charge-sheet had not been submitted leading to grant of bail. Subsequently, orders have been passed on 12.08.2009 declining to accept their bail bonds since charge-sheet had subsequently been submitted. Learned counsel for the petitioners is right in his submission that right to bail under section 167(2) Cr. P.C. had to be considered as on the date the prayer was made and considered subject to fulfillment of the statutory conditions. If - 2 - the charge-sheet came to be submitted after they were released on bail that shall not ennure to the benefit of the prosecution. In view of the judgment of the Supreme Court in 2001 (2) PLJR 81 (SC), the order dated 12.08.2009 is clearly not sustainable in law. The submission of a partial charge-sheet against the petitioners after they were granted compulsive bail does not satisfy the requirement of section 167(2) Cr. P.C. The order dated 12.08.2009 declining to accept the bail bonds of the petitioners is set aside. The Railway Judicial Magistrate, Kiul, is directed to proceed in accordance with his order dated 11.08.2009 with the regard to the petitioners in context of GRP/JMP/P.S. Case No.08 of 2006 corresponding to G.R.No.31 of 2006. The petitioners are directed to be released forthwith from custody unless wanted in any other criminal case.. Let a copy of this order be communicated to the court concerned by fax at the cost of the petitioners. hr ( Navin Sinha ) ( Kishore K. Mandal )