IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.264 of 2009 SANTOSH KUMAR JHA @ RAHUL JEE @ RAHUL Versus THE STATE OF BIHAR & ORS ----------- 6. 8.7.2009 Heard Mr. Sunil Prasad Singh for the petitioner, and Mr. Mani Kant Mishra, learned Government Pleader no.21. This writ petition is directed against the order dated 2.9.2008 (Annexure-3), passed in Crime Control Case No. 01 of 2008 (State of Bihar Vrs. Santosh Kumar Jha alias Rahul Jee), whereby he has been detained for a period of one year in terms of section 12 (2) of the Bihar Crime Control Act, 1981 (hereinafter referred to as the ‘Act’). The respondents have placed on record their counter affidavit and have supported the impugned action. 2. We have perused the materials on record and considered the submissions of learned counsel for the parties. It appears on a perusal of the impugned order (Annexure-3) that the petitioner is an accused in the following criminal cases: (i) Purnahiya P.S. Case No. 6 of 2003, wherein he has been implicated under sections 395, 397, 427, 436 of the Indian Penal code, sections 3, 4 and 5 of the Explosive Substance Act, and section 27 of the Arms Act, and section 17 Criminal Law (Amendment) Act. (ii) Purnahiya (Sheohar) P.S. Case No. 44 of 2002, lodged by the Branch Manager, Bank of Barauda, Adauri Branch, wherein it is alleged that he made attempts to commit dacoity in a nationalized Bank and has been implicated under sections 395 and 398 of the Indian Penal Code, and charge-sheet has been submitted under sections 395, 2 398 of the Indian Penal Code, 27 of the Arms Act, Sections 3 and 4 of the Explosive Substance Act, and 17 of the Criminal Law (Amendment) Act. (iii) Tariyani P.S. Case No.107 of 2003, wherein it is alleged that he raided the branch of the Indian Bank and looted Rs.9, 25,855/- (Nine lacs twenty five thousand eight hundred fifty five), and also snatched away a double barrel gun with 12 cartridges belonging to the Guard. He has accordingly been charge-sheeted under sections 395, 398, and section 17 of the Criminal Law (Amendment) Act. (iv) Riga (Sitamarhi) P.S. case no. 167 of 2003, wherein it is alleged that he was intercepted on the highway and two Hero Honda Motor Cycle, machine carbine of 9 mm bore with 10 loaded cartridges, one regular six whole revolver live and exhausted cartridges, two loaded country made pistols, 14 live cartridges and such other items of that category were seized. Three accused persons had been killed in the encounter who were members of the M.C.C., a baned nationalized organization. (v) Jakanpur (Patna) P.S. Case No.198 of 2004, wherein the petitioner was arrested and was in possession of fire arms, explosive materials, grenade, naxal literature. He has been charge-sheeted in the case. 3. It is further stated in the impugned order that the petitioner is an active member of M.C.C. The entire area is in a state of terror because of his criminal activities and nobody is safe. It is further stated therein that during the period of his incarceration, the general public, and law and order situation, has considerably improved, and common 3 people are feeling relieved. The petitioner is going to be released on bail soon and would expectedly unleash a reign of terror in the area. On these materials the detaining authority has felt satisfied that he should be detained under section 12 (2) of the Act. 4. On a perusal of the materials on record, we are satisfied that the procedure prescribed by law has been followed. The grounds stated in the impugned order fully justify his detention in the interest of general public, and law and order situation. We do not find any merit in this writ petition. It is accordingly dismissed. Vinay/ ( S. K. Katriar ,J. ) ( Jyoti Saran, J.)