1. This revision application is directed against the order dated 30th of January, 2004 passed by the Sessions Judge, Patna in Special Case No. 47 of 2003 whereby the prayer made by the petitioner for grant of bail under section 167 (2) of the Code of Criminal Procedure has been rejected.

2. Facts lie in a narrow compass, Petitioner is an accused in case no. 48 of 2003. According to the prosecution 80 K.Gs. of Ganja was recovered from the jeep in which he was travelling. Said recovery was made on 16.10.2003 and the petitioner was arrested on the same day. He was forwarded to the Magistrate, who remanded him to judicial custody by order dated 17.10.2003. Petitioner filed application for grant of bail on 16.1.2004, inter alia, contending that charge sheet having not been submitted, he had indefeasible right to get bail under section 167(2) of the Code of Criminal Procedure (hereinafter referred to as the Code). When such an application was filed the learned Judge, in session of the matter, called for a report and it was found that no charge sheet was submitted. After 30 minutes it came to the notice of the learned Judge that charge sheet has been submitted and taking note of t