1. THIS is an application for bail on behalf of eight accused-applicants with notice to t le state. The application is opposed.

2. THE application brings to legal a point of some importance relating to the powers of the High Court regarding bail as laid down in section 439 of the code of Criminal Procedure, 1973 (Act ii of 1974 ). The facts necessary or appreciating the point raised can be put in a short compass. A first in formation was lodged at the Sainthia police Station on the 16th September, 1971 at about 12.35 hours by one Near chandra Bhandari alleging inter alia that at about 1.00 hour in the night when he was sleeping in the varanda of the first floor of his east facing house, and his son Anil, a student of Class IX, and his two daughters were sleeping in two different rooms on the same floor, some persons called him by his name and an enquiry disclosed their identity as Naxalites. The de facto complainant came down with a lighted lantern on request, and found the accused applicants along with 4-5 other armed with daggers, gun-like weapons and torches. They requested him to show the way to the river. His son, Anil, who in the meanwhile had come down was asked by t