C.K.Prasad, J.

1. In both the applications, common petitions of law which little variation in fact, arise and as such, both are being disposed of by this common order.

2. Petitioner, Mantu Kumar Sinha alias Bablu Kumar is an accused in Jakkanpur P.S. Case No. 121 of 2004 registered under Sections 302, 120B/34 of the Indian Penal Code. He was arrested and remanded in the said case on 16.8.2004. Even before the expiry of the period of 90 days, he filed application on 11.11.2004 for release on bail in terms of Section 167(2) of the Code of Criminal Procedure, hereinafter referred to as the Code. He obviously, did not press the said application on the date it was filed. i.e., 11.11.2004, as the period of 90 days had not expired. The Court was closed from 12.11.2004 to 18.11.2004 and on 19.11.2004, charge-sheet No. 153/2004 dated 15.11.2004 was filed against the petitioner. Petitioner pressed the application for grant of bail which was rejected by the learned Chief Judicial Magistrate on 29.11.2004 on the ground that charge-sheet has already been filed against the petitioner. Aggrieved by the same, petitioner Mantu Kumar Sinha filed Cr. revision No. 897 of 2004 and the learned 4