UNTWALIA, J.

1. Babu Nandan Mallah, the sole petitioner in this application was arrested and forwarded to the Sub-divisional Magistrate, Hazaribagh, on the 11th July, 1970 in connection with Bishungarh P.S. Case No. 1(7)70 under Sec.395 of the Indian Penal Code. Eventually, cognizance was taken on 23-11-1970 on submission of the charge sheet by the police. The petitioner before submission of the charge sheet had moved this Court for bail in Criminal Miscellaneous No. 1512 of 1970 which was dismissed on 20-8-70. He all along remained in custody. The Sub-divisional Magistrate after taking cognizance transferred the case to the file of Shri S.K. Ghosh, Munsif-Magistrate, 1st Class, Hazaribagh, for enquiry under Chapter XVIII of the Code of Criminal Procedure (Act V of 1898) hereinafter called the Code. The petitioners case is that during the period - 11-7-1970 to 23-11-1970 - he was physically produced in court only on two dates and not on others. On some dates the learned Sub-divisional Magistrate did not record any specific order of remand either. The petitioners case further is that on 21-12-1970 Shri Ghosh was on casual leave and Shri Ramayan Singh, Judicial Magistrate, Hazaribagh, was in charge of the files of his court. On that date the petitioner was produced before the Judicial Magistrate from jail custody and the case was adjourned to 23-1-71 for evidence without any specific order of remand and an implied order - "Accused as before" - was for a period of more than 15 days in violation of the mandatory provision of Sec.344 of the Code. The petitioner has stated some facts in the petition to make out a case for his enlargement on bail. I do not consider it necessary to state them, as after hearing arguments advanced by Mr. G.C. Banerjea on behalf of the petitioner and the learned Government Advocate on behalf of the State we had made the following order on 6-7-1971 -

"Having heard learned Counsel for the petitioner and learned Government advocate for the State, and having perused the certified copy of the order dated 4-6-1971 recorded by the Magistrate in whose court the committal proceeding is s pending, we have arrived at the conclusion that a writ of habeas corpus should issue directing the release of the petitioner from the illegal custody which has continued as per order dated 4-6-71 upto 3-7-71 and should be presumed to have continued even today. We accordingly issue a writ of habeas corpus and direct the Superintendent. Hazaribagh Central Jail, to release the petitioner forthwith. Reasons for this order will follow later on.

We would, however, like to observe that it will be open to the authorities or the competent court to take the petitioner under proper legal custody again in accordance with law and this order will not stand as a bar in any subsequent action or order which may be taken or made according to law. But in that event, we would also like to observe that we have thought to issue a writ of habeas corpus only on the application of the petitioner and have not examined the merits of his case in regard to his prayer in this very petition for enlarging him on bail. If he is arrested or taken in custody again, it will be open to him to move the proper court for enlarging him on bail, and in that event it will be for that court to dispose of that application in accordance with law and in the manner it thinks fit and proper".

2. Under Sec. 54 of the Code any police officer may, without an order from a Magistrate and without a warrant, arrest any person under certain circumstances enumerated in Sub-Section (1) one of which is that the person has been concerned in any cognizable offence. Sections 60 and 61 enjoin upon the police officer making arrest without warrant to produce the arrested person before a magistrate within twenty four hours. A Magistrate to whom an accused is forwarded under Sub-Section (1) of Sec.167, may, under Sub-Section (2), from time to time authorise the detention of the accused in