Shiveshwar Prasad Sinha, J.

This is an application on behalf of two persons for issue of a writ of habeas corpus for their release from jail custody.

2. Both the petitioners were accused of having caused the death of the wife of one Madhu Jha and in [hat connection they had been arrested. This court by its order, dated the 9th August, 1973, passed in Criminal Misc. No. 1634 of 1973 granted them bail. These petitioners are then alleged to have miss used the privilege of bail by causing death of one Jainarain Jha, who was said to be the main witness for the prosecution in the case in which they were charged with the murder of the wife of the said Madhu Jha At the instance of the State this court, by its order, dated the 16th July, 1975, passed in Criminal Misc. No. 1905 of 1974 cancelled the bail of the petitioner. Petitioner No. I then surrendered on the 29th October, 1975 and petitioner no. 2 on the 8th April, 1976. The latter case for the murder of the said Jainarain Jha is Benipatti P.S. Case No. 21 dated the 24th July. 1974. On the 10th June, 1976, both the petitioners filed an application that charge-sheet had already been submitted in the latter case which may be called