ORDER

S.K. Chattopadhyaya, J. - The petitionerers have moved this Court with a prayer to quash the order dated 23.12.1992 passed by the learned C.J.M., Muzaffarpur by reason of which the Court has recalled the order dated 18.12.1992 passed under section 167(2)(a) of the Code of Criminal Procedure (hereinafter referred to as the Code). By reason of said order dated 18.12.1992, the petitioners were released on bail on the ground that the charge sheet in the case was not tiled within prescribed statutory time.

2. Learned counsel for the petitioners as well as the State have agreed that this case may be disposed of at the stage of admission itself and as such extensive hearing was given to the parties.

3. The question is to be decided in this case as to whether once the order of bail granted to the petitioners under the provisions of section 167(2)(a) of the Code, the same could be recalled after filing of the charge sheet and before the petitioners could furnish surety for their release.

4. The facts of the case, which are not in dispute, lies in a narrow compass.

5. On the basis of an FJ.R. lodged by one Sudama Devi, Bochha P.S. Case No. 80/92 was registered under sections 498(a), 30