Bipin Yadav v. The State of Bihar
Case at a glance
- Bench
- S K KATRIAR, KISHORE K MANDAL
Outcome
Bail granted
is released on bail, he will be a grave
Provisions considered
- Bihar Control of Crimes Act, 1981 s. 12(2)
Judgment
Heard Mr. Radhey Shyam Prasad for the petitioner, and Mr. Manoj Kumar Sinha, learned Assistant Counsel to Government Pleader No.1. This writ petition is directed against the order of preventive detention dated 6.4.2009 (Annexure-1), passed by respondent no.2, whereby he has been preventively detained in terms of section 12(2) of the Bihar Control of Crimes Act,
Operative part
1981. It is stated in the impugned order that the petitioner is accused in substantive criminal cases and is trying to obtain bail in accordance with law in those cases. If he is released on bail, he will be a grave threat to public order. The respondents have placed on record their counter affidavit.
We have perused the materials on record and considered the submissions of 2 learned counsel for the parties. It appears that the petitioner is indeed accused in a number of substantive criminal cases, and has not been released on bail so far. In that view of the matter, we do not find any cause of action for respondent no.2 to pass an order of preventive detention. The impugned order of detention is, therefore, quashed. It goes without saying that it will be open to the respondent authorities to pass an order of detention in accordance with law, if the occasion arises.
The writ petition is accordingly allowed. (S K Katriar, J.) (Kishore K. Mandal, J.) S.K.Pathak/
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: is released on bail, he will be a grave
Which statutory provisions did this judgment involve?
Bihar Control of Crimes Act, 1981 — s. 12(2).
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.