Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ No.609 of 2012 ====================================================== Mahindar Sharma @ Mahindar Sardar, son of Rangnath Sharma, resident of village- Moglapur, P.S.- Karpi (O.P.- Vanshi), District- Arwal. .... .... Petitioner Versus 1. The State of Bihar through the Home Secretary, Govt. of Bihar, Patna. 2. The Secretary to Government of Bihar, Home (Police) Department, Bihar, Patna. 3. The Director General of Police, Bihar, Patna. 4. The District Magistrate-cum-Collector, Arwal. 5. The Superintendent of Police, Arwal. 6. The Deputy Superintendent of Police, Arwal. 7. The Officer-in-charge of Karpi Police Station, Arwal. 8. The Superintendent of District Jail, Jehanabad. .... .... Respondents ====================================================== CORAM : HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA And HONOURABLE MR. JUSTICE AMARESH KUMAR LAL C.A.V. ORDER (Per: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL) 4 26-07-2012 This Criminal Writ Application has been filed for issuance of writ in the nature of habeas corpus for quashing the Order No.7/CCA-125/2011 H (P)-942 dated 25.01.2012 passed by the Govt. of Bihar, Home (Police) Department by which the detention order no.580 dated 29.12.2011 passed by the learned District Magistrate, Arwal under Section 12 (2) of the Bihar Control of Crimes Act, 1981 (hereinafter referred to as the ‘Act’) has been confirmed and it has been directed that the petitioner would remain in detention till 28.12.2012. Patna High Court CR. WJC No.609 of 2012 (4) dt.26-07-2012 2 The short fact leading to filing of this case is that the petitioner has been detained by the District Magistrate, Arwal (respondent no.4) in exercise of power under Section 12 (2) of the Act and the order of detention was sent to the State Government. The State Government in exercise of its power under Section 12(3) of the Act approved the order of detention and the matter was referred before the Advisory Board. The Advisory Board has also found sufficient material against the petitioner and justified the detention order. Thereafter, the State Government vide order dated 25.01.2012 confirmed the order of detention and directed that the petitioner will remain in detention till 28.12.2012 (copy of aforesaid orders has been marked as Annexure-1 series to the writ application). The District Magistrate has based his satisfaction for issuance of order under Section 12(2) of the Act on the basis of the report submitted by the Superintendent of Police (respondent no.5). Further contention is that there was no apprehension from the petitioner for violation of the peace and public tranquility as at the time of passing of the impugned order by the learned District Magistrate, the petitioner was in custody. A counter affidavit has been filed on behalf of Patna High Court CR. WJC No.609 of 2012 (4) dt.26-07-2012 3 respondent nos. 1 and 2 stating therein inter alia, in brief, that the detention order no.580 dated 29.12.2011 was passed by the District Magistrate, Arwal against the petitioner under Section 12(2) of the Act on the basis of criminal cases of serious nature as stated in the ground for detention. The ground for detention has been served upon the petitioner through the Superintendent of District Jail, Jehanabad on 29.12.2011. The petitioner is an ante- social element and habitual offender consistently committing crimes of serious nature. Ante-social activity and background of the petitioner necessitated the respondents to detain the petitioner with a view to prevent him from acting in any manner prejudicially to the maintenance of public order, which is apparent from the report of the Superintendent of Police (respondent no.5) (Annexure-A to the counter affidavit) showing that the petitioner is an accused in altogether 14 cases of various nature, which is mentioned below : (1) Karpi P.S. Case No.83/1997 dated 03.09.1997 for the offence punishable under [STATUTE] . and Section 27 of the Arms Act. (2) Karpi P.S. Case No.28/1998 dated 08.04.1998 for the offence punishable under [STATUTE] . and Section 27 of the Arms Act. Patna High Court CR. WJC No.609 of 2012 (4) dt.26-07-2012 4 (3) Karpi P.S. Case No.101/1997 dated 23.11.1997 for the offence punishable under [STATUTE] . and Section 27 of the Arms Act. (4) Karpi P.S. Case No.65/1991 dated 19.07.1991 for the offence punishable under [STATUTE] . and Section 27 of the Arms Act. (5) Karpi P.S. Case No.55/2006 dated 25.05.2006 for the offence punishable under Section 25 (1-B)/26/35 of the Arms Act. (6) Karpi P.S. Case No.14/2007 dated 05.02.2007 for the offence punishable under [STATUTE] . and Section 17 of C.L.A.Act. (7) Karpi P.S. Case No.17/2007 dated 13.02.2007 for the offence punishable under [STATUTE] . and Section 27 of the Arms Act. (8) Karpi P.S. Case No.09/2006 dated 10.05.2006 for the offence punishable under Sections 147/148/149/171 (G)/302 of the I.P.C. and Section 27 of the Arms Act. (9) Karpi P.S. Case No.81/2010 dated 16.07.2010 for the offence punishable under [STATUTE] . and Section 27 of the Arms Act. (10) Karpi P.S. Case No.15/2007 dated 05.02.2007 for the offence punishable under Patna High Court CR. WJC No.609 of 2012 (4) dt.26-07-2012 5 [STATUTE] . and Section 17 of C.L.A. Act. (11) Karpi P.S. Case No.106/2010 dated 14.08.2011 for the offence punishable under [STATUTE] . and Section 27 of the Arms Act. (12) Karpi P.S. Case No.128/2010 dated 25.09.2010 for the offence punishable under Sections 25 (1-B)A/26/35 of the Arms Act. (13) Karpi P.S. Case No.56/2011 dated 12.05.2011 for the offence punishable under [STATUTE] . and Section 27 of the Arms Act. (14) Karpi P.S. Case No.140/2011 dated 28

Applicable IPC Section: 148

Statute Text:
Section 148 of the Indian Penal Code. Rioting armed with deadly Weapon. Whoever is guilty of rioting, being armed with a deadly weapon or with anything which, used as a weapon of offence, is likely to cause death, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.