RAVI PRAKASH SINGH @ARVIND SINGH versus STATE OF BIHAR

RAVI PRAKASH SINGH @ARVIND SINGH versus STATE OF BIHAR

Since the day of remand (5.7.2013) is to be excluded and the day the charge sheet was filed (3.10.2013) is to be included, the charge sheet was filed within ninety days. There was no infringement of Section 167(2) CrPC, and the appellant was not entitled to bail under that provision.

Parties
Appellant: Ravi Prakash Singh @ Arvind Singh; Respondent: State of Bihar
Jurisdiction
India
Judgment Date
20 February 2015
Procedural Posture
Criminal Appeal / Final Judgment on Appeal Against High Court Order Dismissing Bail Under S.167(2) Cr PC
Outcome
Appeal dismissed
Legal Topics
Bail Under Section 167(2) Cr PC, Computation of Remand Period, Filing Date of Charge Sheet
Criminal Law Criminal Procedure Bail Under Section 167(2) Cr PC Computation of Remand Period Filing Date of Charge Sheet

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 9 Party arguments 2
Sign in to unlock

Parties

Ravi Prakash Singh @ Arvind Singh

Appellant

State of Bihar

Respondent

Procedural Posture

Criminal Appeal / Final Judgment on Appeal Against High Court Order Dismissing Bail Under S.167(2) Cr PC

Legal Issues

  1. 1 Whether refusal of bail under Section 167(2) CrPC was justified when the charge sheet was allegedly not filed within 90 days after accused's surrender?
  2. 2 How should the period of ninety days be computed under Section 167(2) CrPC for filing of charge sheet?

Ratio Decidendi

Since the day of remand (5.7.2013) is to be excluded and the day the charge sheet was filed (3.10.2013) is to be included, the charge sheet was filed within ninety days. There was no infringement of Section 167(2) CrPC, and the appellant was not entitled to bail under that provision.

Court Disposition

Appeal dismissed

Orders

  • Lower court record to be sent back forthwith