ARBIND CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Petitioner has filed this application for quashing of the order dated 19-2-2010 passed by Under Secretary, Department of Home (Police). Government of Bihar, as contained in letter No. 1411. approving the order of detention passed by the District Magistrate, Begusarai, by the State Government under Section 21(1) and 22 of the Act. Further prayer is for quashing of the order dated 26-12-2009 contained in letter No. 1810 issued by the District Magistrate, Begusarai to detain the Petitioner under Section 12(2) of the Bihar Control of Crime Act, for one year, hereinafter referred to as 'Act'.

(2.) Petitioner is presently member of Begusarai Zila Pari shad from ward No. 2 and earlier elected Mukhia of Fatiha Gram Panchayat, in the district of Begusarai.

(3.) The District Magistrate, Begusarai passed an order of detention under Section 12(2) of the Act, on the recommendation made by the District Superintendent of Police, Begusarai dated 26-12-2009. The Sponsoring Authority has made a recommendation for detention of the Petitioner on the ground that Petitioner is professional criminal, indulging in activities like murder, dacoity, road robbery and other cognizable offences. Due to his criminal activities, the common people are living in terror and their lives are adversely affected. Presently, he is in custody in connection with criminal cases in case he comes out of the jail the general people will be in danger.