Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ No.880 of 2012 ====================================================== Ravi Jha S/O Anil Jha R/O Village - Sahpur P.S. - Begusarai Muffasil Dist. - Begusarai .... .... Petitioner Versus 1. The State Of Bihar 2. The District Magistrate, Begusarai 3. The District Superintendent Of Police, Begusarai 4. The Deputy Secretary Section Department Of Home, Govt. Of Bihar, Patna 5. The Superintendent Of The District Jail, Begusarai, Dist. - Begusarai .... .... Respondents ====================================================== Appearance : For the Petitioner/s : Mr. Shubhesh Pandey, Adv. For the Respondent/s : Mr. Vikas Kumar, AC to AG ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA and HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER (Per: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA) 5 17-10-2012 Heard counsel for the parties. 2. In this writ application the petitioner has prayed for the following relief: “(a) For the issuance of a writ in the nature of Habeas Corpus directing and commanding the respondents concerned to release the petitioner forth with as he has been ordered to be kept in illegal detention from 25.5.2012 vide letter no. 1261 vidhi dated 25.5.2012 passed by the D.M., Begusarai and the same has been approved by the Govt. of Bihar also vide its memo No.7/cca-10- 32/2012 H (p) 5271 dated 29.6.2012 (Annexure 2) under section 12(2) of the Bihar Control of Crime Act, 1981 (hereinafter referred to in short as Patna High Court CR. WJC No.880 of 2012 (5) dt.12-10-2012 2 the Act). (b) For the issuance of an appropriate order/orders, direction/directions, writ/writs in the nature of certiorari for quashing the order of detention dated 25.5.2012 issued vide letter No. 1261 vidhi dated 25.5.2012 passed by the D.M., Begusarai and the same has been approved by the Govt. of Bihar also vide it‟s memo No.7/cca-10-32/2012 H (p) 5271 dated 29.6.2012, under section 12(2) of the Bihar Control of Crime Act, 1981, commanding the respondent authorities to take appropriate step/steps against the responsible persons for making such a illegal detention. (c) For the quashing of the order dated 29.6.2012 passed by the respondent no.4 vide Letter No.7/CCA- 10-32/2012 H (p) 5271 dated 29.6.2012, under section 12(2) of the Bihar Control of Crimes Act, 1981.” 3. Learned counsel for the petitioner in support of the aforementioned prayer has made a very short submission. According to him, the petitioner was already in jail custody when the impugned order of detention dated 25.5.2012 was served upon him and yet in the impugned detention order no cogent material was disclosed which could have shown that the detaining authority had reasons to believe that there was real possibility of his release on bail necessitated his detention under the provisions of Bihar Control of Crimes Act (hereinafter referred to as „the Act‟) in order to prevent him from indulging in such activities by way of Patna High Court CR. WJC No.880 of 2012 (5) dt.12-10-2012 3 issuance and enforcement of the detention order. In this regard he has placed reliance on the judgment of the Apex Court in the case of Huidrom Konungjao Singh vs. State of Manipur & ors., reported in (2012)7 SCC 181. 4. Expanding his submission on the aforesaid premises he has submitted that the impugned order of detention refers to only three grounds being pendency of Muffasil P.S.Case No. 350/2010 dated 10.9.2010 under [STATUTE] ., Muffasil P.S.Case No. 15.2010 dated 15.1.2010 under [STATUTE] . and Barauni Refinery P.S.Case No. 45/2011 dated 26.2.2011 under [STATUTE] ., apart from the previous criminal history of the petitioner in the following eight cases, namely, (i) Matihani P.S.Case No. 2/2010 dated 4.1.2010 under [STATUTE] . and [STATUTE] . (ii) Muffasil P.S.Case No. 87/2001 dated 3.4.2001 under [STATUTE] . and section 25(1-B)A/26 Arms Act. (iii) Muffasil P.S.Case No. 83/2001 dated 1.4.2001 under [STATUTE] . (iv) Muffasil P.S.Case No. 54/2001 dated 2.3.2001 under [STATUTE] . (v) Muffasil P.S.Case No. 101/99 dated 23.4.1999 Patna High Court CR. WJC No.880 of 2012 (5) dt.12-10-2012 4 under section 25(1-B)A/26/35 of the Arms Act. (vi) Garhpura P.S.Case No. 14/2010 dated 25.3.2010 under [STATUTE] . and section 27 of the Arms Act. (vii) Barauni P.S.Case No. 355/2010 dated 10.11.2010 under [STATUTE] . (viii) Town P.S.Case No. 295/2011 dated 20.8.2011 under section 25(1-B)A/26/35 of the Arms Act 5. In this regard he has submitted that while in aforesaid all the eight cases cited as criminal antecedents of the petitioner he had already been granted bail and/or had been acquitted, inasmuch as by the judgment of the competent court his acquittal was recorded in Muffasil P.S.Case No. 83/2001, Muffasil P.S.Case No. 54/2001 and Muffasil P.S.Case No. 101/1999, in rest five cases being Matihani P.S.Case No. 2/2010, Muffasil P.S.Case No. 87/2001, Garhpura P.S.Case No. 14/2010, Barauni P.S.Case No. 355/2010 and Nagar P.S.Case No. 295/2011 bail had been granted to him under the orders of the competent court. 6. He has also explained that the three criminal cases constituting grounds on which actually the order of detention was passed even in those cases also the petitioner was released on bail under the orders of the competent Court. According to the learned Patna High Court CR. WJC No.880 of 2012 (5) dt.12-10-2012 5 counsel for the petitioner while the petitioner was granted bail in Begusarai Muffasil P.S.Case No. 350/2010 by an order dated 26.3.2012 passed by the Addl. Sessions Judge IV, Begusarai, he had also been granted bail in Begusarai Muffasil P.S.Case No. 15/2010 on 29.9.2010 by the court of Addl. Sessions Judge II, Begusarai and in the third and last case, Begusarai Muffasil P.S.Case No. 45/2011 such bail was granted to the

Applicable IPC Section: 387

Statute Text:
Section 387 of the Indian Penal Code. Putting or attempting to put a person in fear of death or grievous hurt in order to commit extortion. Whoever in order to the committing of extortion, puts or attempts to put any person in fear of death or of grievous hurt to that person or to any other, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.