Nagendra Prasad Singh, J.

1. Whether even in a case where the charge-sheet has been submitted within statutory period of ninety days, an accused is entitled to be released on bail if the cognizance is not taken on the day the charge-sheet is submitted, is the question which has to be answered.

2. The petitioner is an accused of an offence under Sec.302 and some other sections of the Indian Penal Code. He surrendered before the Sub-divisional Judicial Magistrate, Danapur on 19.10.1982. As final form was not received, he was remanded to jail custody from time to time. One of such orders of remand was passed on 12.1.1983 remanding the petitioner to jail custody upto 24.1.1983. On 14.1.1983, police report, generally known as charge-sheet, was submitted saying that on investigation a case under Sec.302 of the Indian Penal Code had been established against the petitioner. An order was passed on 17.1.1983 saying that cognizance was being taken. It is an admitted position that as the charge-sheet was submitted within the statutory period of ninety days, the petitioner was not entitled to the benefit of proviso (a) to Sub-section (2) of Sec.167 of the Code of Criminal Procedure, 197