R. C. PATNAIK, J.

( 1 ) DOES an earlier illegal detention render a later valid detention invalid and entitle the accused for grant of bail? this question came to the fore in course of hearing of these two petitions filed under S. 439 (2) of the Code of Criminal Procedure (for short, 'the Code') for cancellation of bail granted by the learned Sessions Judge, Puri, to Suratha Behera on the authority of D. Bhaskar Rao v. State of Orissa, (1985) 60 Cut LT 228. Mr. S. C. Mohapatra, J. who doubted the correctness of the aforesaid decision, referred the matter for hearing by a larger Bench. This is how the matter has came before us.

( 2 ) ON an F. I. R. lodged on 11-10-1985 at the Tangi Police Station in the district of Cuttack containing allegation of commission of offences under Ss. 302, 323, 325, 337, 147, 148, 149, 379 of the Indian Penal Code, Suratha Behera (Opp. Party in Crl. Misc. Case No. 309/86) and others were arrested and produced in Court on 15-10-1985 and were remanded to custody till 28-10-1985. Neither were the accused produced in court on 28-10-1985 nor was there any direction remanding them to custody. Suratha Behera was produced in court on 4-11-1985 and was remanded