Vikash Kumar @ Vikash Singh vs State of Bihar

Mandhata Singh, J.—There is no need to mention the fact or merit of the case as the release of the petitioner is claimed u/s 167(2) of the Code of Criminal Procedure. In a case for the offence u/s 302 of the Indian Penal Code and other allied sections of the Indian Penal Code including Section 27 of the Arms Act, petitioner surrendered and was taken into custody on 6.6.2009. After completion of 90 days rather on 92 days a petition was filed to release the petitioner u/s 167(2) of the Code of Criminal Procedure and accordingly finding no charge-sheet submitted in the case petitioner was released. According to the learned counsel for the petitioner, 6th June, 2009 the day on which he was allowed bail u/s 167(2) of the Code of Criminal Procedure was Saturday and petitioner was in jail custody, so bail bond could be furnished on 8.6.2009 on Monday, the working day and that is refused on the ground that after passing of the order and before furnishing of the bail bond charge-sheet against this petitioner was also filed. This much only is challenged in this revision by making submission that once right u/s 167(2) of the Code of Criminal Procedure is availed, that cannot be denied as being the same indefeasible right as decided by the Supreme Court in the case of Uday Mohan Lal Achariya vs. State of Maharashtra reported in 2001 Cri L J 183 [:2001(2) PLJR (SC)81].

I also agree with the submission made by the learned counsel for the petitioner. The impugned order for refusal to accept the bail bond is not allowed to be sustained. Accordingly, same is set aside. The revision petition is allowed and the court concerned is directed to accept the bail bond after its proper verification.