IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.1102 of 2010 NIL NIDHI SINGH son of late Gahit Singh, resident of village Kurmurhi, P.S.Sikrahta, District Bhojpur,Ara … … Petitioner Versus 1. STATE OF BIHAR through Chief Secretary, Government of Bihar, Patna 2. The District Magistrate, Bhojpur, Ara(Bihar) 3. The Superintendent of Police, Bhojpur at Ara( Bihar) 4. The Deputy Superintendent of Police, Bhojpur at Ara (Bihar) 5. The Jail Superintendent of Bhojpur at Ara(Bihar) 6. The Officer In-charge of Town Police Station, Bhojpur at Ara( Bihar) … … Respondents For the petitioner: Shri Manoj Kumar For the State: Dr. Md.R.Haque, G.P.5 ----------- 5. 22.11.2010 This application has been filed for quashing the order of detention dated 17.9.2010 passed by the District Magistrate, Bhojpur at Ara under Section 12(2) of the Bihar Control of Crimes Act, 1981, contained in memo no. 2476 dated 18.9.2010. The detention order has been challenged by the petitioner on several grounds. Counsel appearing for the State was directed to file counter affidavit on behalf of the Superintendent of Police, Bhojpur at Ara as well as on behalf of the District Magistrate, Bhojpur at Ara. Today, a counter affidavit has been filed on behalf of the District Magistrate, Bhojpur at Ara, respondent no. 2, stating that the detention order passed by the District Magistrate under Section 12(2) of the Bihar Control of Crimes Act has not been approved by the State Government, as such, it has become infructuous. In view of the subsequent development and on 2 account of non-approval of the detention order passed by the District Magistrate under Section 12(2) of the Bihar Control of Crimes Act, the order dated 17.9.2010 contained in memo no. 2476 dated 18.9.2010 is quashed. This application is allowed and the petitioner, who is confined in District Jail, Bhojpur at Ara in connection with detention order dated 17.9.2010, Annexure 2 to this application, is directed to be released forthwith, if not wanted in any other case. Kanth ( Mridula Mishra, J.) ( Dharnidhar Jha, J.)