ARVIND KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) -THE writ of Habeas Corpus has been claimed by the above named petitioner for quashing the order dated 16. 8. 1995, passed by the District Magistrate, bokaro (respondent no. 2) under Section 12 (2) of the Bihar Control of Crimes Act, 1981 and the subsequent order dated 27. 8. 1995, by which the respondent no. 3 for and on behalf of the State of Bihar has confirmed the order of detention of the petitioner.

(2.) THE brief facts of the case are as follows : -

(3.) THREE grounds were assigned in the detention order. First ground relates to an occurrence dated 27. 5. 94. It was alleged that on that date at about 11 a. m. the petitioner alongwith his associates armed with lethal weapons came to the office of the Project Officer, Kargali Project and enquired about its Personnel Officer Mr. PC. Byas and the Personnel Manager Mr. J. N. Singh. As those officers could not be found there on enquiry, the petitioner opened fire from his revolver and forcibly took away the jeep from the office. On the same date at about 1 p. m. he alongwith his associates went to the Rest House of the Project where the said officials were present and created nuisance by shouting and even threatened to kill said Sri P. C. Byas and Sri j. N. Singh. It is alleged that such action of the petitioner and his associates raised panic and alarm amongst the resident of the area. On such incident, Bermo P. S. case no. 99/94 was registered under Sections 1144, 148, 307 of the Indian Penal Code and section 27 of the Arms Act. In the grounds it has been stated that the offences alleged against the petitioner caused disturbance of public law and order.