IN THE HIGH COURT OF JUDICATURE AT PATNA CR WJC No 695 of 2011 Ritlal Yadav, son of Ramashish Yadav, resident of village – Kothawa, P S – Khagaul, District – Patna - Petitioner Versus 1 The State of Bihar through the Under Secretary, Home (Police) Department 2 The District Magistrate, Patna 3 The Senior Superintendent of Police, Patna 4 The Sub-Divisional Police Officer, Danapur 5 The Superintendent of Jail, Adarsh Central Jail Beur, Patna 6 The Officer-in-charge, Khagaul Police Station - Respondents ----------- 6 20.10.2011 By the present writ application, the petitioner challenges his preventive detention under the provisions of the Bihar Control of Crimes Act, 1981. He has been ordered to be preventively detained apprehending his release from several substantive criminal cases in which he has been remanded. When the case was taken up For Admission for the first time, we enquired from the counsel whether petitioner has been released on bail in all cases or is still in judicial custody pursuant to a substantive criminal case. Mr Shakeel Ahmad Khan, learned Senior Counsel today informed us that petitioner is continuing in judicial custody by virtue of substantive criminal case against him. In other words, he is not in exclusive preventive custody. The custody is substantially in a criminal case. We are of the opinion that any decision in the present case would only be in academic interest as the petitioner could not be released till he is granted bail in the substantive case. In that view of the matter, we do not propose to entertain this application at this stage. Liberty is granted to the petitioner to move a fresh application, if so advised once he is released on bail in all other 2 cases and is substantially in detention exclusively by virtue of this order of preventive detention. With this observation, the writ petition stands disposed of. M.E.H./ (Navaniti Prasad Singh) (Ashwani Kumar Singh)