Judgement

GAJENDRAGADKAR, C.J.I.: This appeal by special leave is directed against the order passed by the Patna High Court ordering that the detenu Rambalak Singh be released on bail of Rs. 500 with two sureties of Rs. 250 each to the satisfaction of the Registrar of the High Court. The order further mentions that Mr. Girish Nandan Sinha who appeared for the detenu had given an undertaking to the Court that during the pendency of the proceedings when the petitioner is on bail, the petitioner will not indulge in any prejudicial activity or commit any prejudicial act. Mr. Lal Narain Sinha, the Advocate-General of Bihar, has urged on behalf of the appellant, the State of Bihar, that the order under appeal is without jurisdiction; and that raises an important question of law as to whether while entertaining a habeas corpus petition under Art. 226 of the Constitution filed on behalf of a detenu who has been detained under R. 30 of the Defence of India Rules (hereinafter called the "Rules ), the High Court has jurisdiction to release the detenu on bail pending the final disposal of the said habeas corpus petition.

2. The learned Advocate-General stated at the outset that the appellant wa