Nagendra Rat, J.

1. -the petitioner has filed the present application challenging his detention in Gopalpur P. S. Case No.92/93 under Section 398 of the Indian Penal Code on the ground that same is in contravention of the provisions contained in proviso (a) (ii) to Sec.167 (2) of the Code of criminal Procedure (hereinafter referred to as the Code) according to which a Magistrate is not authorised to detain an accused in custody for more than sixty days during the period of investigation.

2. The necessary facts for the disposal of the present application are that one Umesh Rai of village Dharampur in the district of Samastipur lodged a Fardbeyan before the A. S. J. , Gopalpur Police Station at Chhapra notional Highway-31 Road On 11-5-1993 at 1130 a. m. alleging, inter alia, that he was a driver of Truck, bearing No.8, P. L 9411, and he was carrying bitter gourd (Karela) from Mainaguri to Samastipur. Kamlu Rai, an another driver, and a business man were also in the Truck When the truck reached west to Kataria Bridge in the night at 1 a. m , he noticed that a Truck loaded with coal crossed over the bamboos which were loaded on a bullockcart standing across the road. When he wa