PRINCE KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) 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, dtd. 4/11/2022 whereby an order dtd. 4/2/2022 passed by the District Magistrate, Begusarai in exercise of powers conferred under sub-sec. (2) of Sec. 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 dtd. 25/2/2022 read with the order of the District Magistrate dtd. 4/2/2022 was, putting the petitioner under preventive detention for a period of three months from 4/2/2022 till 3/5/2022. The writ petition was filed on 13/4/2022. Subsequently, taking aid of sub-sec. (2) of Sec. 12 and Sec. 21 read with Sec. 22 of the Act, the period of preventive detention which was originally for a period of three months up to 3/5/2022 came to be extended for further period of three months from 4/5/2022 to 3/8/2022 by an order dtd. 29/4/2022. The said period of detention was again extended for a period of three months invoking the same provisions of the Act for a period of 4/8/2022 to 3/11/2022 by an order dtd. 2/8/2022. The petitioner has filed I.A. No. 1 of 2022 seeking amendment in the writ petition for questioning the legality of the subsequent orders of extension of the period of preventive detention including the order dtd. 2/8/2022.

(3.) There is yet another development which is not in dispute. After completion of the extended period of preventive detention on 3/11/2022, the petitioner was released from detention on 4/11/2022 at 12:00 noon, as at the time of his release, there was no order of preventive detention operating against him. It is the petitioner's case that the petitioner was subsequently apprehended on 5/11/2022 again on the strength of an order dtd. 4/11/2022 issued by the Home Department (Police) purportedly extending the period of preventive detention of the petitioner for a period up to 3/2/2022 in continuation with the original order dtd. 25/2/2022 and subsequent orders extending period of detention.