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2007 Supreme(Pat) 1110

GHANSHYAM PRASAD
Sanjay Singh – Appellant
Versus
State Of Bihar – Respondent


Judgment

GHANSHYAM PRASAD, J.

1. This application under Sec. 482 of the Code of Criminal Procedure has been filed to quash the Order dated, 20th January, 2007 passed by the Sessions Judge, Patna in Criminal Revision No. 45/2007 thereby the learned Sessions Judge has confirmed the Order dated, 8th January, 2007 passed by the Chief Judicial Magistrate. Patna in Kotwali RS. Case No. 504/2004 whereunder the prayer for release of the Petitioner under Sec. 167(2) of the Code of Criminal Procedure has been rejected. Heard learned Counsel for the Petitioner as well as the State.

2. The Petitioner is one of the accused in the aforesaid police case registered under Sections 366/363/120B/34 of the Indian Penal Code. The Petitioner surrendered before the Court of the Chief Judicial Magistrate, Patna on 14th May, 2005 and was remanded to jail custody on the same day. However, even after lapse of sixty days no charge- sheet was submitted by the police. It was submitted only on 22nd July, 2005. Thereafter, the Petitioner on 16th August, 2005 filed a Petition for bail under Sec. 167(2) of the Code of Criminal Procedure which was rejected on the same day. Again it was filed on 5th January, 2007 whic








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