IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ No.1030 of 2012

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Mister Yadav S/O Sri Naresh Yadav Resident Of Village- Badi Govindpur, P.S.-

Dharhara, District- Munger.

.... .... Petitioner/s

Versus

1. The State of Bihar Through Home Secretary Government of Bihar, Patna.

2. The Under Secretary Home, Government of Bihar Patna.

3. The District Magistrate Munger.

.... .... Respondents

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Appearance :

For the Petitioner : Mr. Khurshid Alam, Adv.

For the Respondents : Mr. P. N. Shahi, AAG-14

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CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA

and

HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI

CAV JUDGMENT

(Per: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA)

Date: 19-12-2012

In this writ application, the petitioner has prayed for the

following relief:-

“1

That this writ application is being filed for issuance

of a writ in the nature of Habeas corpus directing the

respondent to release the petitioner from illegal

custody and such order may be passed after quashing

of the impugned order of detention passed under

section 12(2), 21(i) and 22 of the Bihar control of

Crime Act (here in after referred as Act) contained in

memo no. 409 dated 27.3.2012, memo no. 3687 dated

2.5.2012 respectively passed by the detune authority

and also direct to pay compensation for illegal

detention.”

2. The facts in brief giving rise to this writ application

lie in a narrow compass. The petitioner, while he was in judicial

Patna High Court CR. WJC No.1030 of 2012 dt.19-12-2012

2

custody in connection with Dharhara P.S. Case No. 113 of 2011

lodged under Section 25(1-B), 26 & 27 of the Arms Act, he was

served with a notice issued under the pen and signature of District

Magistrate, Munger contained in memo no. 207 dated 15.2.2012 along

with a recommendation of the Superintendent of Police, Munger

directing him to file his show-cause reply on or before 27.2.2012 as to

why an order under Section 12(2) of the Bihar Control of Crimes Act

for his detention should not be passed. The petitioner claims that he

had filed his show-cause reply on 25.2.2012, whereafter, the

impugned order of detention of the petitioner came to be passed on

27.3.2012 wherein having given the details of continued criminal

activities born out his being accused in five cases, namely, Dharhara

P.S. Case No. 111 of 2004, Dharhara P.S. Case No. 46 of 2004,

Dharhara P.S. Case No. 1 of 2005, Dharhara P.S. Case No. 58 of 2005

and Dharhara P.S. Case No. 41 of 2007 by way of his criminal

antecedent, the impugned order of detention was passed on the ground

of his being a menace in maintenance of public order by citing

illustration of his being also made accused in recent four criminal

cases namely Dharhara P.S. Case No. 113 of 2011 dated 14.10.2011,

Dharhara P.S. Case No. 36 of 2011 and Dharhara P.S. Case No. 72 of

2010 and Dharhara P.S. Case No. 86 of 2010 dated 14.7.2010.

3. After the said order of detention dated 27.3.2012 was

passed by the District Magistrate, Munger, the same was approved by

Patna High Court CR. WJC No.1030 of 2012 dt.19-12-2012

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the State Government in terms of Section 12(3) of the Act by an order

dated 4.4.2012, The case of the petitioner was thereafter placed before

the Advisory Board on 18.4.2012 and when the Advisory Board had

also its meeting held on 24.4.2012 after hearing the petitioner had

recorded its opinion approving the detention of the petitioner

whereafter the State Government had confirmed the order of detention

of the petitioner by passing the impugned order dated 2.5.2012

directing him to remain in detention till 26.3.2012 i.e. till completion

of a period of one year from 27.3.2012 to 26.3.2013.

4. Mr. Khurshid Alam, learned counsel for the petitioner

has submitted that