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 for. A copy of the order-sheet of the Court of the Chief Judicial Magistrate. Madhubani in G. R. 781 of 1973, arising out of the said Benipatti P.S. Case 21, dated the 74th July, 1974 has been flied as annexure "2" to the petition. It is not clear from the said order-sheet as to what particular steps were taken by the Court on the said petition, it only appears that the Court ordered to call for the charge sheet from the office of the Court Sub-Inspector, Madhubani. There is no further order with regard to the remand of the petitioners having been made on that date. Then the order-sheet, dated the 23rd June. 1976, shows that these two petitioners, though in custody were not produced before the Court and the case was ordered to be put up for further orders on the 22nd July, 1976. On this date, the Court learnt that these two petitioners were lodged in Bhagalpur Central Jail and a petition had been filed on their behalf to take necessary steps for their production before the Court. The Court ordered for issue of letter to the Superintendent Central Jail. Bhagalpur to produce the petitioners on the date fixed and for getting them transferred to Madhubani Sub-Jail. The case was then ordered to be put up on the 27th August, 1976 These two petitioners were not produced before the Court even on the 27th August, 1976, and naturally, no order for remand was passed in respect of these two petitioners. The case was then adjourned to the 30th August, 1976, on which date again these petitioners were Dot produced and no order of remand against them was recorded by the court. In this way the case got adjourned from date to date until the 24th September, 1976 till when the petitioners were still in the Bhagalpur Jail and had not been produced before the Court at Madhubani. On the last mentioned date, namely, on the 24th September, 1976, the Court ordered the case to be put up on the 17th November, 1976.

2. During this while, an information was given to the Court by the Assistant Public Prosecutor that charge-sheet in the case had since been received. It however, appears from the order, dated the 15th September, 1975, passed in the case that the original chargesheet some how or other got lost and. therefore, the investigation officer had been directed to submit a duplicate of the charge-sheet. On these facts, this application has been filed before this Court.

3. The detention of the petitioners in jail has been challenged on two grounds:

(i) There being no order of remand, after the petitioners were lodged in the Bhagalpur Jail, between the 23rd June, 1976 and the 24th September, 1976. their detention was illegal, and

(ii) there is no prescribed authority which could remand an accused after the investigation is over, but cognizance had not been taken in the case.

From the