P.N. BHAGWATI, J.

(1) THIS case has now come before us after service of notice on the State of Bihar. When this case was taken up for hearing by us on 2/12/1980, we expressed our displeasure that the State of Bihar had not chosen to appear in answer to the notice, but this expression of dis- pleasure was made by us on the assumption that the notice was served on the State of Bihar. We are however informed by Mr. K. G. Bhagat, learned Advocate, appearing on behalf of the State of Bihar that the notice of the writ petition was served upon the State only on 6/12/1980 and that is the reason why it was not possible for the State to appear before us on December ?, 1980. We accept this explanation offered by Mr. K. G. Bhagat and exonerate the State of Bihar from remissness in appearing before the court on 2/12/1980.

(2) THE State has filed before us a counter-affidavit sworn by Tarkeshwar Parshad, Under-Secretary, Home (Police) Department of the State government giving various particulars required by us by our order dated 2/12/1980. We have also before us the counter-affidavit filed by Jitendra Narain Singh, Assistant Jailor, Bhagalpur central Jail, on behalf of the State an