This application by the two applicants under Section 482, Cr. P. C. has been filed against the order of II Additional Sessions Judge, Mirzapur dated 20-3-1991 in the bail application No. 144 of 1991 Chaudhary Jitendra Nath v. State and application No. 145 of 1991 Shailendra Kumar alias Shailendra Chaudhary v. State. The learned Additional Sessions Judge refused to consider the bail application under Section 439, Cr. P. C. on the ground that the accused/applicants were not in custody on the remand order passed by the Court at Mirzapur. He considered this fact as a ground which do not confer jurisdiction for him to consider the bail application.

2. The applicants were arrested in a case under Section 60 of Excise Act on 18-2-91 and they were arrested by the Police at Allahabad and sent to the jail custody. The applicants are still confined in jail custody at Allahabad. The applicants were also wanted in a criminal case under Section 302/307, IPC of P. S, Kotwali, Katra, Mirzapur in Crime No. 34 of 1991. The F. I. R. of the said case is dated 14-2-Vl. Since the applicants were detained at Allah abad, the information was sent to the Mirzapur Police and Court that the