IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.6 of 2011 RAMANAND YADAV, Son of Late Gohal Yadav, resident of Village – Bariyahi, Police Station – Morkahi, District – Khagaria. ........... Petitioner. Versus 1. THE STATE OF BIHAR through the Secretary, Department of Home (Police) Government of Bihar at Patna. 2. The Under Secretary, Government of Bihar, Department of Home (Police) Government of Bihar at Patna. 3. The Joint Secretary, Department of Home (Police) Government of Bihar at Patna. 4. The District Magistrate, Khagaria. 5. The Superintendent of Police, Khagaria, District – Khagaria. 6. The Sub-Divisional Police Officer, Sadar Khagaria, District – Khagaria. 7. The Superintendent of Jail Khagaria, District – Khagaria. .............. Respondents. ----------- 04/ 14.02.2011 The petitioner is aggrieved by order of detention passed under Section 12(2) of the Bihar Crime Control Act, 1981 as contained in Annexure-1 dated 15.09.2010. It has been submitted that in some of the cases mentioned as criminal history of the petitioner he has been let off on account of filing of final form and so far as the two criminal cases given as grounds are concerned, one is of June, 2008 and the other of January, 2009 and hence there was no immediate or recent case to justify order of detention passed in September, 2010 when the petitioner had been taken 2 into custody by the police pursuant to the second case mentioned as one of the grounds, dated 18.01.2009. It has further been submitted that the nature of the two cases mentioned as ground only show problem of law and order and not of public order. On behalf of the State it has been submitted that the order of detention was passed on an apprehension that the petitioner may be able to get bail and that would have caused threat to public order. It was submitted that in the case given as ground no. 1, charge-sheet has been submitted on the allegation that informant of that case was kidnapped during day time by intercepting his boat by that of the accused persons for demanding a ransom of Rs.5,00000/- and in the case given as ground no. 2, the petitioner along with his gang members fired upon the police party when it had attempted to arrest him in course of official duty. On a consideration of both the grounds, we do not find that the case suffers from non-application of mind to the relevant facts so far as the two grounds are given in the order of detention. Further the two cases given as grounds are of such a nature that they do not 3 relate only to law and order issue but also show threat to public order. In view of the aforesaid facts, we do not find any merit in this writ petition. The petition is, accordingly, dismissed. Kundan (Shiva Kirti Singh, J.) (Gopal Prasad, J.)