IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.592 of 2009 BHARAT YADAV SON OF JANARDHAN YADAV RESIDENT OF VILLAGE ROHIYAR, P.S.MANSI,DISTRICT KHAGARIA --- PETITIONER Versus 1.THE STATE OF BIHAR 2.THE DY.SECRETARY TO GOVT.HOME(P)DEPARTMENT 3.THE DISTRICT MAGISTRATE, KHAGARIA 4.SUPERINTENDENT OF POLICE,KHAGARIA 5.THE SUPERINTENDEN OF DISTRICT JAIL,KHAGARIA ------ RESPONDENTS ----------- 4/ 10.09.2009 Heard Mr.Viveka Nand Singh for the petitioner, and Mr.Kaushal Kumar Jha, learned Standing Counsel No.18. The petitioner challenges the order dated 6.1.2009 (anneure- 1), passed by respondent no.3 in terms of Section 12 (2) of the Bihar Crime Control Act,1981, whereby the petitioner has been preventively detained in view of his involvement in criminal cases of grave nature. It is stated in the grounds of detention that he is accused in seven cases and he is a terror in the area. It is further stated that the petitioner is trying to obtain bail in those cases in accordance with law and he will be a great menace if he is released on bail. A supplementary affidavit has been filed by the petitioner sworn on 19.8.2009, wherein the following statement is made : “That the petitioner is in custody in only one case i.e. Khagaria (Mansi) P.S.Case No. 64 of 2006 dated 13.10.2006 registered under Section 395 of the Indian Penal Code, in which 5 prosecution witnesses have already been examined by the trial court.” Respondent no.3 has not filed any rejoinder to the same. It thus appears to us that the petitioner continues to be in custody in one substantive criminal case. We, therefore, do not find any justification for the order of preventive detention. In view of incarceration in a substantive criminal case, we find no occasion to pass an order of preventive detention which appears to be a case of superfluous exercise of power. In that view of the matter, the order of detention is hereby set aside. It goes without saying that it will be open to respondent no.3 to pass a fresh order of detention if occasion arises. The writ petition is accordingly allowed with this observation. (S.K.Katriar,J.) Tahir/- ( Shyam Kishore Sharma, J.)