BINODANAND SINGH, J.

1. On 27-4-1989, I had joined in recording the operative part of the judgment, which is quoted hereinunder :

"Argument concluded. Order of detention of the petitioner was passed by the District Magistrate, Patna, on 26-5-1988 u/s. 12(2) of the Bihar Crime Control Act, 1981 as per Annexure-1 to the writ petition. The aforesaid detention order has been confirmed by the State Government by order dated 15-7-1988, as per Annexure-B to the counter affidavit and the petitioner has been directed to be detained till 26-5-1989. Thus the petitioner has already remained in detention for more than eleven months out of a year. In view of this fact, we declare the result. We are of the view that this application is fit to be allowed.

This application is, therefore, allowed and the order of detention passed against the petitioner as contained in Annexure-1 to the writ petition and the order of confirmation of detention order passed by the State Government as contained in Annexure-B to the counter affidavit are hereby quashed. The petitioner Raj Kumar Gupta is directed to be set at liberty forthwith, if not wanted in any other case. Reasons will follow."

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