Rai, J.

1. This is a petn. under Article 226, Const., Ind., for issue of a writ in the nature of habeas corpus & for the release of the petnr.

2. The facts relating to the detention of the petnr. may be stated as follows. The petnr. along with others was arrested by the Assistant Sub-Inspector of Police, Rupauli police station, & was forwarded in custody to the Sub-Divisional Officer, Sadar Purnea, with the following note :

"I have the honour to forward herewith in custody the following accused persons who are members of communists dacoits & who are exploiting the station in order to create trouble & breaking the peace, tranquillity of the locality. They are reported to be concerned in several looting & agitating the men in order to create chaos & confusion in the locality. They have acted in a manner prejudicial to the public safety & maintenance of the public order & it is, therefore, necessary that in order to maintain peace & tranquillity in the locality, they have to be detained under Sec.2(1) (a) of Bihar Maintenance Public Order (No. 2) Ordinance, 1949. Report for their detention is being submitted."

3. The said learned Sub-Divisional Officer thereupon passed the fol