This application for bail on behalf of three petitioners have been pressed on the ground that their detention is illegal. The charge-sheet was submitted against them under sections 302/201/148/149 of the Indian Penal Code on 9. 12. 1975. Learned Counsel for the petitioners has stated that thereafter the petitioners have not been produced in court on any date up-till now which according to him contravenes section 309 of the Code of Criminal Procedure. A copy of the order sheet from 9-12-1975 to 16-6 1976 has been annexed to this application. The original records also were called for by this Court. The order sheet of the learned Magistrate shows that between 9-12-75 and 16-7-1976 the petitioners have never been produced before him. Rule was issued in this application on 22-7 1976. On 23-8-1976 a report was called for from the Sub-divisional Judicial Magistrate, Buxar as to whether the petitioners have been produced on any date after 9-12-1975 or not. The Sub-divisional Judicial Magistrate in his report dated 1-9-1976 has stated that the petitioners have not been produced before him after 9-12-1975. In view of the fact that the petitioners were not produced before the Magistrate between 9-12-1975 and 1-9-1976, the detention of the petitioners in jail must be held to be illegal. It is unfortunate that the petitioners, I whose application for bail had been rejected by this court earlier in Cr. Misc. No. 989 of 1976 on 19-3- 1976, have to be released I on bail because of the failure of the authorities in producing the petitioners before the learned Magistrate. The petitioners will, therefore, be released on bail of Rs.5,000/each with two sureties of the like amount each to the satisfaction of the Sub-divisional Judicial Magistrate, Buxar.

Application allowed.