BRIJNATH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD the parties in detail at the stage of admission itself.

(2.) THIS writ petition has been filed against the order of detention dated 22.12.2006 passed by the District Magistrate, Vaishali, against the petitioner u/s. 12(2) of the Bihar Crime Control Act, 1981 (hereinafter to be referred as "Act"). It is not in dispute that the same order has been affirmed by the State Government by order dated 8.2.2007 and the petitioner is authorised to be detained in custody till 22.12.2007.

(3.) THE other ground raised on behalf of the petitioner is that the detention order was passed, as indicated in the order itself, when the petitioner was in jail custody in connection with several criminal cases and except the bald statement in the order following the grounds that the bail petition of petitioner is filed in different courts for hearing and any time he may be released, no details have been given of any bail order passed in favour of the petitioner or any particular case in which bail application may be pending. On this ground also it has been submitted that the order of detention suffers from non -application of mind. In support of this plea, reliance has been placed upon a judgment of the Supreme Court in the case of Anant Sakharam Raut V/s. State of Maharashtra and Another, AIR 1987 SC 137. The other judgment on the same point cited on behalf of the petitioner is of this court in the case of Binod Choudhary V/s. State of Bihar & Ors., 2006 2 PLJR 497.