SATYENDRA SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) By this "habeas corpus" petition, by invocation of the provisions of Article 226 of the Constitution of India, the petitioner detenu has questioned legality and validity of the detention order contained in memo No. 466, recorded on 29-4-2005 (Annexure-1), by the District Magistrate, Patna, invoking his powers under sub-section (2) of Section 12 of the Bihar Control of Crimes Act, 1981 (in short "the Act of 1981") and the final order (Annexure-5 series), recorded on 6-6-2005, by the State of Bihar, under the powers conferred by Section 21 (1) read with Section 22 of the Act of 1981, whereby, the petitioner has been directed to remain in detention till 29-4-2006.

(2.) Mr. Vindhykeshari Kumar, learned Sr. Advocate, appearing for the petitioner, and Mr. Shashi Bhushan, for the State have offered their submissions. In course of submissions, they have taken us through the factual profile and the impugned orders. We have also considered the relevant provisions of the Act of 1981 for the purpose of appreciation of the merits of the petition and challenge against the impugned order.

(3.) The first contention, which has been raised on behalf of the petitioner detenu, has been that the detaining authority has not applied its mind to the factual aspect before passing the impugned order of detention under Section 12 (2) of the Act, 1981 on 29-4-2005. In that regard, reliance has been placed on three criminal cases, by the detaining authority and it is further observed by the concerned authority that the detenu has been in the prison. The alleged activities in relation to the conduct and the incidents, resulting into three criminal cases and referred in the detention order clearly go to show that there was non-application of mind by the detaining authority, as the order of detention runs diametrically counter to the real facts as the detenu, was enlarged and admitted to bail in all the three cases referred in the detention order. This aspect could not be denied by the learned counsel appearing for the State.