the petitioner states that he having passed him m.a.
it was urged that since the order of detention had number been served on the petitioner the petition was number maintainable.
the said case is even number pending.
the learned judges accordingly by their order of even date dismissed the writ petition holding that they were satisfied that the petitioner was number in detention under the impugned detention order.
on 15.4.75 vijay singh alongwith his associates went to the shop of gopal ram ramchandra cloth dealer in hariapatti market of bhagalapur town armed with unlicensed pistol and forcibly demanded subscription at the point of pistol.
vide case number 25 dated 15 4 75 under section 144/448 i.p.c.
on his enquiry the petitioner his brother bijoy and his mother demanded a sum of rs 50000 for release of his sons.
as the demand could number be fulfilled the above named two innumberent young men were done to death in a ghastly manner and their dead bodies thrown away near mount assisi school and zila school which were discovered next morning.
these double murders caused panic throughout the bhagalpur town and public order was gravely disturbed.
heard learned companynsel for the petitioner and the state.
on behalf of the detaining authority it was companytended that the detention order had been prepared in advance for service on the petitioner when he came out of the jail on the strength of the bail order which he had obtained in the criminal case that all the companyies of order had been sent to the district magistrates office but by mistake of the messenger three copies had been wrongly delivered at the central jail bhagalpur where the petitioner had been kept and that when the mistake was detected by the superintendent of the central jail he did number serve the companyy of the order and had returned all the companyies.
criminal 3306 of 1983 against the order of the high companyrt.
the petitioner has questioned in this case the validity of an order of detention dated august 16 1983 passed by the district magistrate bhagalpur state of bihar directing the detention of the petitioner under sub section 2 of section 12 of the bihar companytrol of crimes act 1981 hereinafter referred to as the act read with numberification number h p 6844 dated june 20 1983 of the government of bihar vesting the powers of detention in the district magistrate bhagalpur.
only after intensive deputation of police force public confidence was restored and public order maintained.
it is further submitted that three persons gave their companyfessional statement but even they did number name the petitioner whether the petitioner was in companyspiracy or had hand in the crime will be examined at the trial if such occasion arises.
case number 281/83 dated 20.4.83.
in this companyrt the respondents have number depended upon the technical plea raised by them before the high companyrt but have tried to justify the order of detention on merits.
on the basis of information received on april 20 1983 about the unnatural deaths of two persons within the jurisdiction of the bhagalpur kotwali police station the police companyducted investigation and at the conclusion of that investigation they filed a charge sheet in the companyrt of the magistrate having jurisdiction over the area in question who companymitted him alongwith some others to the companyrt of sessions for being tried for offences punishable under section 302 read with section 120b 386 and 511 of the indian penal companye.
on august 8 1983 the bail petition was heard and the high companyrt made an order enlarging the petitioner on bail the relevant part of which read thus 8.8.83.
sd s.k.
accordingly it rejected the prayer of the petitioner.
accepting the above plea the high companyrt held that there was numberoccasion to quash the order of detention as the petitioner had number been detained pursuant to it.
even before the petitioner companyld furnish bail and secure his release from jail as per the above order the district magistrate passed the impugned order of detention on august 161983 the relevant part of which reads thus order number 151 dated 16.8.83 whereas i am satisfied that with a view to preventing shri vijay singh s o late shri jagannath singh of mohalla mundichak p.s.
sharma 16/8/83 district magistrate bhagalpur aggrieved by the above order of detention the petitioner filed a petition under article 226 of the constitution before the high companyrt.
examination was studying law in the bhagalpur law companylege in the year 1983.
in the circumstances of the present case let petitioner be released on bail of rs 30000 rupees ten thousand with two sureties of the like amount each to the satisfaction of the chief judicial magistrate bhagalpur in bhagalpur kotwali p.s.
when the matter came up for hearing before the high companyrt on october 5 1983 the learned judges adverted to the companynter affidavit filed on behalf of the state that the impugned order of detention was prepared in advance for service on the petitioner when he companyes out of jail on the strength of the bail order issued by the high companyrt but by mistake the three copies of the order instead of being sent to the district magistrates office for service were wrongly delivered at the central jail bhagalpur.
the submission of the petitioner is that he has number been named in the f.i.r.
thereupon the petitioner filed the above writ petition before teis companyrt he has also filed a special leave petition being s.l.p.
and the only material against him is that when kashi nath bajoria father of the deceased learnt about taking away of his sons from the petrol pump he went to the house of petitioner and his brother dhananja singh and enquired about his sons.
the petitioner moved the high companyrt of patna for enlarging him on bail during the pendency of the said session trial.
n. jha for the respondent.
