1. By this writ petition in the nature of habeas corpus the petitioner seeks direction for his release. He is in custody in connection with Lakhisarai P.S.Case No. 85/2001.

2. The case of the petitioner is that chargesheet in the case was submitted after expiry of the period of 90 days and, therefore, an indefeasible right accrued to him for his release no sooner than he filed the application for bail. Reliance is placed on decision of the Supreme Court in Uday Mohanlal Acharya vs. State of Maharashtra, (2001)5 SCC 453 [: 2001(3) PLJR (SC)81]. On behalf of the State it has been submitted that in the aforesaid case the Supreme Court has also held, vide conclusion no.5 of the majority judgment (page 473 of the report) that the so called indefeasible right of the accused would stand extinguished where the accused is unable to furnish the bail as directed by the Magistrate, and therefore inasmuch as the bail bonds filed by the petitioner were not accepted by the court his right to get compulsive bail in terms of section 167(2) proviso stands extinguished after submission of the chargesheet and no writ can be issued for his release.

3. From later part of the order of the learned