(1.) THIS writ petition under Article 226 and 227 of the Constitution has been filed by the petitioner challenging the correctness and validity of the detention order dated 28.10, 95 passed by the District Magistrate, Ranchi detaining the petitioner in exercise of his powers under Sub section (2) of Section 12 of the Bihar Control of Crimes Act, 1981 (hereinafter referred to as 'the Act') with a view to prevent the petitioner detenu from acting in any manner prejudicial to the maintenance of public order. The said order of the District Magistrate was subsequently approved by the State Government on 8.11, 95 and also by the Advisory Board by its .order dated 22nd December, 1995.
(2.) BEFORE adverting to the contentions raised by the learned Counsel for the parties it will be useful to state the grounds on which the petitioner detenu was detained. The grounds of detention which are served on the detenu in Jail on 28.10.95 itself are reproduced hereinbelow:
(3.) MR . P.S. Dayal, learned Sr. counsel has strenuously assailed the impugned order of detention by submitting that there was no material before respondent No. 3 to show that the petitioner is an anti social element as defined under Section 12 of the Act. He submits that the grounds for detention do not indicate that the petitioner's action in any manner is prejudicial to the maintenance of public order. Only because the petitioner has applied for bail, he continues, he cannot be detained under the Act on a mere presumption that he is going to be released on bail.