A.K.Sinha, J.

1. Heard the learned Counsel for the petitioner and the APP for the State.

2. In the instant application, a prayer has been made to release the petitioner, namely, Bishwanath Ram on bail who is in jail custody in connection with Meral P.S. case No. 32 of 1998, corresponding to G.R Case No. 271 of 1998, under Secs. 1211 121(A) /122 1 216 of the Indian Penal Code read with Sec. 17 of the Criminal Law Amendment Act and is in jail custody since 3-5-1998.

3. The admitted position is that the petitioner was arrested in the aforesaid case on 3-5-1998 and the police took up the investigation in the case and submitted charge - sheet against the petitioner under Sections 121/ 121 (AJ/ 1221/ 124 (A)/ 384/ 216 of the Indian Penal Code alongwith Sec. 17 of the Criminal Law Amendment Act, on 3-8-1998 Le. on the 90th day from the date of first remand of the petitioner. The learned Chief Judicial Magistrate, Garhwa, did not take cognizance of the offences on the basis of the charge-sheet submitted by the police for want of sanction as the offences were covered under Chapter VI of the Indian Penal Code and the provisions of Secs. 196 of the Code of Criminal Procedure (hereinaf