SANTOSH KUMAR PATHAK Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this application the prayer of the petitioner is for quashing the order of detention dated the 20th October, 1987 passed under Section 12 (2) of the Bihar Control of Crimes Act, 1981 (For short 'Act') by the District Magistrate, Singhbhum at Chaibasa( Respondent No. 2) for a period of one year (Annexure-1 to the writ application) and to issue a writ of habeas corpus to release the petitioner from the detention. The aforesaid order of detention was confirmed on 30-10-1987.

(2.) It has been submitted on behalf of the petitioner that he was accused in two criminal cases. In one of the cases order granting bail was passed on 26-6-1987 and in the other on 17-10-1987 much before passing of order of detention, but the order does not mention or show that the petitioner was ordered to be released on bail and this shows non-application of mind by the detaining authority.

(3.) In order to appreciate the points involved in this case it is better to quote the relevant portion of the aforesaid order :