1. Heard learned counsel for the petitioners and the respondents.

2. The present application has been filed by the petitioners for issuance of a writ of Habeas Corpus directing the respondents to release them forthwith, who have been detained in custody in connection with Pipra P.S.Case no.91 of 1999 under Section 398 of the Indian Penal Code(hereinafter to be referred to as the I.P.C.)

3. The petitioners are facing prosecution under Section 398 of the Indian Penal Code on the allegations that while they were attempting to commit crime, they were apprehended by the police with the help of the public. It is stated that they were arrested on 21.8.99 at 0.18 A.M. and were produced before the Chief Judicial Magistrate, Supaul on 22.8.99 at 7 A.M. i.e. after lapse of 30.42 hours and as such they remained in police custody for more than 24 hours, which is in violation of the provisions of Section 57 of the Code of Criminal Procedure (hereinafter to be referred to as the Cr.P.C.) and as such they should be released forthwith.

4. It appears that the petitioners raised aforesaid points before the court below at the time of bail and the court below called for a report from the police