RAJU JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner, who has been in custody since 13.11.2017 in connection with Bachhwara P.S. Case No.159/17 with regard to a case under the Arms Act, has preferred the present writ application seeking to set aside the order contained in Memo No.8094/Patna dated 13.09.2018, issued by the Under Secretary, Department of Home (Police), Government of Bihar, by which he has been intimated of an order dated 16th of August, 2018, contained in Memo No.7269 issued by the State Government, by which the detention order has been issued against the petitioner under Section 21(1) read with Section 22 of the Bihar Control of Crimes Act, 1981 (hereinafter referred to as 'the Act') and it was confirmed that he be detained in custody till 10.08.2019. The aforementioned order contained in Memo No.7269 dated 16.08.2018 seeks to confirm the order passed under Section 12(2) of the Act and the approval of the State Government under Section 12(3) of the Act, as contained in Memo No.1832/Legal dated 11.08.2018 passed by the District Magistrate, Begusarai, by which the petitioner has been ordered to be detained under Section 12(2) of the Act.

(2.) Learned counsel for the petitioner contended that the petitioner was taken into custody earlier in connection with Bachhwara P.S. Case No.159/17 on 13.11.2017. Soon thereafter, the District Magistrate, vide Memo No.1832 dated 11.08.2018, passed an order under Section 12(2) of the Act. In order to prevent him from acting in any manner prejudicial in maintaining public order, the petitioner was directed to be detained immediately and on 11.08.2018 itself the grounds of detention were served on the petitioner, vide Memo No.1833/Legal dated 11.08.2018.

(3.) The petitioner responded to the aforementioned order by filing a representation dated 14.08.2018 to the State Government, but on 16.08.2018 itself, the petitioner was communicated with an order under Section 12(3) of the Act under the signature of the Under Secretary, Department of Home (Police), Government of Bihar, vide Memo No.7269 dated 16.08.2018.