IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.549 of 2009 Devan Paswan, son of late Kishun Paswan, resident of Village- Basanpur, P.S. Rahui, Dsitrict- Nalanda -------------- Petitioner. Versus 1. The State of Bihar 2. Dy. Secretary, Home (Police) Department, Govt. of Bihar, Patna. 3. District Magistrate, Nalanda 4. Jail Superintendent, District Jail- Biharsharif, Nalanda ------ Respodnents. ------------- 4. 4.9.2009 Heard Mr. Pramod Kumar for the petitioner, and Dr. Md. Raisul Haque, learned Government Pleader No.5. The petitioner challenges the order of detention passed against him under the provisions of the Bihar Crime Control Act, 1981 (hereinafter referred to as the ‘Act’). By order dated 24.2.2009 (Annexure-F to the supplementary counter affidavit), passed by respondent no.3, under the provisions of Section 12(2) of the Act, the petitioner has been directed to be detained preventively for the reasons mentioned in the grounds of detention accompanying the order of detention. It appears on a perusal of the same that the petitioner is implicated in substantive criminal cases and he is trying to obtain bail in accordance with law. The impugned order further states that the petitioner, if released on bail, will unleash a rein of terror, and will be a grave threat to the society. Hence the order of detention. It is further stated in the counter affidavit that the order of detention was passed way back on 24.2.2009. The petitioner has not been released on bail in a few cases so far which, in our view, renders the impugned order of detention infructuous. The same is accordingly set aside, not on merits, but on the ground of having become 2 infructuous. The writ petition is accordingly disposed of. It goes without saying that it will be open to the detaining authorities to pass a fresh order of detention in accordance with law, if circumstances so justify. Vinay/ ( S. K. Katriar ,J. ) ( Shyam Kishore Sharma, J.)