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2007 Supreme(Pat) 1501

SHIVA KIRTI SINGH, SYED MD.MAHFOOZ ALAM
Birendra Yadav – Appellant
Versus
State Of Bihar – Respondent


Judgment

Shiva Kirti Singh and Syed Md.Mahfooz Alam JJ.

1. Heard learned counsel for the petitioner and learned counsel for the State.

2. The petitioner has preferred this writ petition seeking issuance of a writ in the nature of Habeas Corpus and quashing of order of preventive detention passed by the District Magistrate, Samastipur on 12.2.2007 (Annexure-2), under Sec. 12(2) of the Bihar Control of Crimes Act, 1981.

3. Several grounds were urged on behalf of the petitioner including a ground that a perusal of Annexure-2 series would show that one Dy. S.P. who has lodged the case against the petitioner has initiated the proposal for his preventive detention and only that has been recommended by the Superintendent of Police, Samastipur and forwarded to the District Magistrate. Samastipur. Another ground urged on behalf of petitioner is that four cases and one Sanha entry shown as grounds for preventive detention in Annexure-2 series do not show that any of the grounds related to public order rather the cases at best related to ordinary law and order problem. It was further submitted that the petitioners representation dated 21.2.2007 contains substantial grounds including a ground t




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