IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.688 of 2009 MANOJ YADAV, SON OF PULKIT YADAV, RESIDENT OF VILLAGE SUR MAHA, P.S.- SOUR BAZAR (PATAR GHAT) DISTRICT- SAHARSA ……………. Petitioner Versus 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE, MADHEPURA 3. THE DEPUTY SECREARY OF HOME (POLICE), GOVERNMENT OF BIHAR, OLD SECRETARIAT, PATNA 4. SUPERINTENDENT OF POLICE, MADHEPURA 5. SUPERINTENDENT OF JAIL, MADHEPURA 6. SUPERINTENDENT OF JAIL, SUPAUL. 7. DEPARTMENT OF HOME, (POLICE), PATNA ……………… Respondents ----------- 3 15.10.2009 Mr. Radhe Shyam Prasad, for the petitioner and Dr. Md. Raisul Haque, learned Government Pleader no. 5 for the respondents, are present. The petitioner challenges the order of detention dated 30.3.2009 (Annexure-1), passed under the provisions of Section 12 of the Crime Control Act. The respondents have placed on record their counter affidavit. It is stated in the grounds of detention that the petitioner is involved in a number of substantive criminal cases and he is in custody. He is trying to obtain bail in accordance with law in those cases. It is apprehended that, if he is released on bail, he will continue with his acts of depredation in his area. Hence, there is necessity of passing an order of detention against him. We have perused the materials on records and considered the submissions of learned counsel for the parties. The admitted position is that the petitioner continues to be in jail in the substantive criminal cases. We, therefore, do not feel the 2 necessity of an order of preventive detention. In that view of the matter, the impugned order of detention passed against the petitioner, is hereby set aside. This order should not be taken as an expression of the views of the court on the question of validity of the impugned orders on merits, nor it should be taken as an expression of the views of the court that an order of preventive detention cannot be passed in anticipation of release from jail, which question shall be decided in an appropriate case. The writ petition is accordingly allowed. pkj (S.K. Katriar, J.) ( Kishore K. Mandal, J. )