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2001 Supreme(Pat) 633

R.N.PRASAD, B.N.P.SINGH
Dinesh Yadav – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. Petitioners, being accused in Pandarak P.S. Case No. 48 of 2000, dated 4-6-2000 surrendered on 18-1-2001 and on 23-4-2001 filed an application for grant of bail under Sec. 167(2) of the Code of Criminal Procedure (Cr.P.C.) on the ground that no charge-sheet was submitted though 90 days period had already expired on 18-4-2001. It appears from the materials on record that a report was submitted before the Additional Chief Judicial Magistrate on the same day reporting that till 10 a.m. no charge-sheet had been submitted but subsequently a fresh report was submitted at about 11.45 a.m. to the effect that charge-sheet had been received in the office. The learned ACJM thus by order dated 23-4-2001 (Annexure-1) rejected the petition for grant of bail filed under Sec. 167(2), Cr.P.C. Petitioners, thereafter moved the learned Sessions Judge against the said order in Cr. Rev. No. 320 of 2001 which too was dismissed by order dated 4-6-2001 (Annexure 2). Petitioners thus have moved this Court by filing the instant writ application for quashing the orders as contained in Annexures 1 and 2 as also for issuance of a writ in the nature of habeas corpus for their release from custody.

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