Judgment :

Dipak Misra, J.

The present appeal, by special leave, is directed against the order dated 4.3.2008 passed by the learned Single Judge of the High Court of Judicature at Patna in Criminal Misc. No. 44042 of 2007 enlarging the respondent on bail solely on the ground that he was entitled to the benefit under the proviso appended to Section 167(2) CrPC of Criminal Procedure (for short “the CrPC”).

The antecedent essential facts are that the respondent was arraigned as an accused in Nauhatta P.S. case No. 4/02 for the offences punishable under Sections 302, 304, 353, 323, 149, 148 and 147 of the Indian Penal Code (IPC), under Section 27 of the Arms Act and under Section 49(2) (b) of Prevention of Terrorist Activities Act (POTA) for murder of Sanjay Kumar Singh, Divisional Forest Officer. Initially the investigation was carried out by the local investigating agency and thereafter, the Government of India, Ministry of Personnel, New Delhi, issued a notification No. 228/9/02-AVD/II dated 21.3.2002 handing over the investigation to the Central Bureau of Investigation (CBI) after obtaining the consent of the Government of Bihar.

As per the allegations of the prosecution, on 15.2.2