ANUJ KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the parties.

(2.) Petitioner has challenged the order dated 21.08.2012 (Annexure-1) purported to be under Section 12 (2) of the Bihar Control of Crimes Act (hereinafter referred to as 'the Act') followed with order dated 28.08.2012 (Annexure-2) passed by State Government in terms of Section-12 (3) of the Act as well as order dated 26.09.2012 (Annexure-5) passed by the State Government confirming the order dated 21.08.2012 in terms of Section 21(1) read with Section 22 of the Act.

(3.) As suggested by the Superintendent of Police, Gaya and further acceded to therewith the District Magistrate, Gaya vide order dated 21.08.2012 directed the petitioner (who remained in jail custody) to be put under preventive detention in the background of his criminal antecedents of being an accused of Bodh Gaya P.S. Case No.23/2007, Bodh Gaya P.S. Case No.84/2009, Barachatti P.S. Case No.89/2010, had based his subjective satisfaction on account of being an accused in Bodh Gaya P.S. Case No. 39/2012, Bodh Gaya P.S. Case No. 248/2011, Magadh University P.S. Case No. 74/2009 and Magadh Medical P.S. Case No.36/2010 after forming an opinion that his presence outside jail will be hazardous to the public order.