MADAN MOHAN PRASAD, J.

1. An application under Ss. 439 and 440 of the Cr. P. C. (hereinafter called the Code) was filed by the petitioner which, with the permission of this Court has now been converted into an application under Art. 226 of the Constitution of India with a prayer for issuance of a writ for the release of the petitioner from illegal detention.

2. It is stated that an occurrence resulting in the death of one person took place on the 23rd of April, 1976 in respect of which a first information report wag lodged. After investigation the police submitted final form on the 28th of June, 1976 as against this petitioner, which was received by the Magistrate on the 30th of June, 1976. Meanwhile, however, this petitioner had surrendered before the Magistrate on the 7th of May, 1976. Unsuccessfully though, he made several attempts to get an order of release on bail at all levels including this Court, his bail application to this Court having been rejected on merits on the 14th of Septem1976. An application thus, based on different grounds, for an order for bail was filed in this Court on the 25th of November, 1976. The day next it was admitted by a learned single Judge