IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1707 of 2008 SUDHA DEVI Versus STATE OF BIHAR & ORS ----------- 4. 01.05.2008. Heard learned counsel for the petitioner and the State. Opposite Party Nos. 2 to 4 were allowed bail by the Additional District and Sessions Judge, Fast Track Court No.5, Chapra under orders dated 24.2.2007 passed in Cr. Revision No. 272 of 2006. This application has been filed by the petitioner asserting that the said order is in teeth of the provisions contained in proviso to Sub-Section (2) of Section 167 of the Cr.P.C. as the charge-sheet against the Opposite Party Nos. 2 to 4 stood submitted on 4.11.2007 i.e. on the 90th day after their surrender on 7.8.2006 and if that was so then the learned Magistrate had rightly rejected the prayer of the Opposite Party Nos. 2 to 4 for grant of bail under orders dated 7.11.2006. Learned Additional District and Sessions Judge, Fast Track Court No.5 without appreciating the fact that the charge-sheet stood submitted on 4.11.2006 itself, under the impugned order dated 24.2.2007 proceeded to set aside the order dated 7.11.2006 and granted bail to the Opposite Party Nos. 2 to 4. Requisition for obtaining the aforesaid order dated 24.2.2007 was filed on 1.9.2007 i.e. much beyond the reasonable time and the copy was although ready and delivered on 7/10.9.2007 but the application was filed on 11.1.2008 i.e. much beyond the reasonable time. In the circumstances, on account of delay caused at the instance of the petitioner I am not inclined to issue notice in the matter and the application is dismissed. Report, however, may be called for from the officer concerned within three weeks and put up in the administrative side. P.K.P. (V.N.Sinha,J.) - 2 -