The petitioners, who are 207 in number, have filed this application praying that a writ of habeas corpus be issued directing their release as they are in illegal custody.

2. The petitioners, it appears, were arrested on the 29th of October, 1977, and a case instituted, being Gardanibagh P.S. case No. 54 (10) 77, for offences under sections 141, 341 of the Indian Penal Code and section 7 of the Criminal Law Amendment Act. Their case is that although they were not produced before the Chief Judicial Magistrate Patna, on 29.10.77, an order for their remand was passed by the said Magistrate. Without going into what happened, subsequently, it may be sufficient to refer to the order dated 7.12. 1977. It may, however, be stated that this application was filed before that date and the ground of challenge was that there had been no legal order of remand on 29.10.77 or any date thereafter, On 9.12.77, however, the case was first taken up for hearing by another Bench and the records of the aforesaid case were called for by special messenger. Later, under the direction of the aforesaid Bench, that the case be placed before another Bench, this case has come before us. The records are now