IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.453 of 2011 Manoj Kumar Kushwaha, Son of Shri Braj Kishore Kushwaha, resident of Village-Balua Rampurwa, P.S.-Bairiya, District-West Champaran, at present Residing at Kalibagh Ghusukpur, P.S.-Bettiah Town, District-West Champaran. -Petitioner. VERSUS 1. The State of Bihar through the Secretary, Home (Police) Department, Government of Bihar, Patna. 2. The Joint Secretary, Home (Police) Department, Government of Bihar, Patna. 3. The Under Secretary, Home (Police) Department, Government of Bihar, Patna. 4. The District Magistrate, West Champaran at Bettiah. 5. The Superintendent of Police, West Champaran at Bettiah. –Respodnents. ----------- 05 01.08.2011 The petitioner challenges the order passed under the Bihar Control of Crimes Act, 1981 ordering his preventive detention. The said order was served upon the petitioner while he was lodged in Bettiah jail. As per petitioner’s own averment in some of the criminal cases his bail application has been rejected by the High Court and, as such, he is in judicial custody from before in a criminal case. Having considered the matter, in our view, getting into the question of preventive detention and its validity would be academic because even if we were to hold because the detention order is constitutionally invalid, petitioner would get no relief and he would continue to the judicial custody till he is released on bail in those criminal cases. We, therefore, do not propose to entertain this writ petition at this stage. However, liberty is granted to the petitioner to challenge his detention once he is entitled to be released and there being no order detaining him in custody. The writ application is, accordingly, disposed of. Trivedi/ (Navaniti Prasad Singh, J.) (Ashwani Kumar Singh, J.)