( 1 ) BY this petition under S. 439 read with S. 167 (2) of the Code of Criminal Procedure the applicants who have been arrested by the Police Mandideep in connection with Crime No. 227/98 for committing offences punishable under Ss. 467, 471, 478, 487 read with S. 109, I. P. C. and Ss. 34, 36 and 39 of M. P. Excise Act have prayed for grant of bail.

( 2 ) UNDISPUTEDLY, the accused persons were arrested on 27-12-1998 for transporting illicit liquor. The prosecution case is that the applicants in a tanker of Indian Oil Company which is generally used for carrying and transporting L. P. G. were transporting the liquor without any authority. The prosecution case is that the accused persons and others after forging certain documents used the same for transporting the liquor and as each of them was involved in commission of the crime, they were required to be arrested. Undisputedly, the accused persons were arrested on 27-12-1998. It is also not in dispute before me that up to 12-5-1999 i. e. the date of the order passed by the learned Sessions Judge, Raisen challan was not filed. At a request made by Shri Jain, learned counsel for the applicants, I enquired from the Sessi