Ravi Prakash Singh @ Arvind Singh Vs. State of Bihar
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Head Note
The Code of Criminal Procedure, 1973 - Section 167 (2)
Statutory Bail - The appellant surrendered before the Magistrate on 5.7.2023 - It is also not disputed that on 3.10.2023 the appellant moved an application for his release on bail under proviso (a) to sub- section (2) of Section 167 of the Code - However, the order sheet of the case shows that there is endorsement of the Magistrate on 3.10.2023 that the charge sheet has already been received - Date 5.7.2023 is to be excluded and, as such, the charge sheet was filed on ninetieth day, i.e., 3.10.2023 - Therefore, there is no infringement of Section 167(2) of the Code - High Court has not erred in law in dismissing the petition under Section 482 of the Code, and upholding the refusal of bail to appellant prayed by him under Section 167(2) of the Code.
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