( 1 ) THIS is an application for bail Under Section 439 of the Cr. P. C. , filed by one Ram Chandra.

( 2 ) THE learned Counsel for the applicant has not argued this application for bail on merits. The main burden of his argument is that the detention of the applicant has all along been unlawful and as such he is entitled to bail.

( 3 ) THE applicant surrendered himself in the Court of a magistrate at Basti. The Magistrate took him into custody and sent him to jail. The contention of the learned Counsel for the applicant is that the custody of the applicant was not lawful at any stage and so he should be released on bail. In this connection he drew my attention to the ruling reported in Kedar v. State 1977 All WC 205 : 1977 Cri LJ 1230. In this case also the accused had surrendered in the Court of a magistrate and the Magistrate had remanded him to jail custody. It was held in that case that the order passed by the Magistrate remanding the accused to jail custody could not be an order Under Section 167 Cr. P. C. , because Section 167 Cr. P. C. applies only when a person is arrested and detained in custody by the police, and as such the order of the Magistrate remandin