( 1 ) THIS petition under Section 482 Cr. P. C. was initially filed by four persons, namely, Lalji Yadav, Shahabuddin, Ataur Rahman urf Babu and Imtiaz Ahmad, who were allegedly involved in case crime No. 19 of 1997 under Section 364-A/120-B/302/34 I. P. C. police station Bhelupra, Varanasi, challenging the order dated 30/08/1997 passed by the Chief Judicial Magistrate, Varanasi by which the bail application of the applicants was rejected on the ground that they were not in custody of that court. It may be mentioned here that the application of one Mukhtar Ansari was also considered along with the bail application of these persons and the accused were detained in Ghazipur Jail in connection with some other offence.

( 2 ) ON 8-9-97 an application was moved on behalf of Mukhtar Ansari son of Subhanullah Ansari for being him impleaded as petitioner No. 5 in Criminal Misc. Application No. 5537 of 1997. Sri P. P. Srivastava, learned Senior Counsel assisted by Sri D. V. Singh appeared on behalf of Mukhatar Ansari and Stated that the applicants Lalji Yadav and others have no objection if Mukhtar Ansari is impleaded as petitioner No. 3, with them and he was appearing on be