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2022 Supreme(Pat) 1184

CHAKRADHARI SHARAN SINGH, CHANDRA PRAKASH SINGH
Prince Kumar, S/o. Raja Ram Singh – Appellant
Versus
State of Bihar through the Principal Secretary, Department of Home, Government of Bihar, Patna – Respondent


Advocates Appeared:
For the Petitioner: Mr. Shashank Shekhar.
For the Respondents: Mr. Prabhu Narayan Sharma, AC to AG.

JUDGMENT :

Chakradhari Sharan Singh. J.

The present writ application under Article 226 of the Constitution of India has been filed seeking issuance of writ in the nature of writ of Habeas Corpus and quashing of an order issued by the Department of Home, Government of Bihar, dated 04.11.2022 whereby an order dated 04.02.2022 passed by the District Magistrate, Begusarai in exercise of powers conferred under sub-section (2) of Section 12 of the Bihar Control of Crimes Act, 1981 (hereinafter referred to as the 'Act') has been affirmed.

2. The effect of the impugned order dated 25.02.2022 read with the order of the District Magistrate dated 04.02.2022 was, putting the petitioner under preventive detention for a period of three months from 04.02.2022 till 03.05.2022. The writ petition was filed on 13.04.2022. Subsequently, taking aid of sub-section (2) of Section 12 and Section 21 read with Section 22 of the Act, the period of preventive detention which was originally for a period of three months up to 03.05.2022 came to be extended for further period of three months from 04.05.2022 to 03.08.2022 by an order dated 29.04.2022. The said period of detention was again extended for a period of t

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