Karnvir Singh Yadav @ Lallu Mukhiya vs The State Of Bihar Through The … on 6 August, 2026

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    Patna High Court

    Karnvir Singh Yadav @ Lallu Mukhiya vs The State Of Bihar Through The … on 6 August, 2026

             IN THE HIGH COURT OF JUDICATURE AT PATNA
    
                        Criminal Writ Jurisdiction Case No.311 of 2026
    
         ======================================================
    
         Karnvir Singh Yadav @ Lallu Mukhiya, Son of Late Ramvilash Yadav @
    
         Late Ramvilash Prasad R/o vill - Gulabbag, P.O. and P.S.- Barh, Distt.- Patna
    
    
    
                                                                     ... ... Petitioner/s
    
    
    
                                            Versus
    
    
    
    
    1.   The State of Bihar through the Additional Chief Secretary, Home Deptt.,
    
         Govt. of Bihar, BIHAR
    2.   The Additional Chief Secretary, Home Department, Government of Bihar
    
         Old Secretariat Patna
    3.   The Secretary, Additional Chief Secretary, Home Department, Government
    
         of Bihar Old Secretariat Patna
    4.   The Joint Secretary, Home Department, Government of Bihar Old
    
         Secretariat Patna
    5.   The Additional Secretary (Police Branch) Home Department, Government
    
         of Bihar Old Secretariat Patna
    6.   The District Magistrate Patna Bihar
    7.   The Senior Superintendent of Police, Patna Bihar
    8.   The Superintendent of Police(Rural) Patna, Bihar
    9.   The Sub Divisional Police Officer, Barh 1, Patna
    10. The Suprientendant, Bhagalpur Central Jail Bhagalpur
    
    
                                                                   ... ... Respondent/s
    
         ======================================================
         Appearance :
     Patna High Court CR. WJC No.311 of 2026 dt.06-08-2026
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           For the Appellant/s      :        Mr.Manjit Singh, Sr. Advocate
                                             Mrs.Nivedita Nirvikar, Sr. Advocate
                                             Mr.Arun Kumar, Advocate
                                             Mr.Sagar Kr. Mishra, Advocate
                                             Mr.Raghabir Chandrayan, Advocate
                                             Mr.Satyam Kumar, Advocate
                                             Mr.Rishabh Mishra, Advocate
                                             Ms.Shashi Priya, Advocate
           For the Respondent/s     :        Mr.S.D. Sanjay, Advocate General
                                             Mr.Mohit Anand, AC to AG
                                             Mr.Govind Raj Shashi, Advocate
           ======================================================
           CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI
                   and
                   HONOURABLE MR. JUSTICE RANA VIKRAM SINGH
            CAV JUDGMENT
           (Per: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI)
    
        Date : 06-08-2026
    
                     The present writ petition, involving the personal liberty
    
         of the petitioner, has had a chequered procedural history. During
    
         the pendency of the proceedings before this Court, the petitioner
    
         approached the Hon'ble Supreme Court by filing Writ Petition
    
         (Criminal) No. 204 of 2026. By order dated 27.05.2026, the
    
         Hon'ble Supreme Court, while declining to entertain the petition,
    
         requested this Court to make an endeavour to dispose of the
    
         present writ petition within a period of four weeks from the date
    
         of receipt of the said order, having regard to the fact that the
    
         period of detention itself was six months. Thereafter, by order
    
         dated 25.06.2026, a Division Bench of this Court directed that the
    
         matter be listed before another Bench after obtaining permission
    
         of Hon'ble the Chief Justice on the administrative side. Pursuant
    
         thereto, Hon'ble the Chief Justice, by administrative order dated
     Patna High Court CR. WJC No.311 of 2026 dt.06-08-2026
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         07.07.2026

    , assigned the matter to Division Bench-IV. The case

    was thereafter taken up by this Bench on 08.07.2026, when the

    SPONSORED

    supplementary counter affidavit filed on behalf of the State was

    taken on record and the matter was adjourned for final hearing. On

    21.07.2026, the submissions on behalf of the petitioner were

    concluded and, on 23.07.2026, the respondents were heard. Upon

    completion of the hearing, the writ petition was reserved for

    judgment and is being disposed of in compliance with the

    direction of the Hon’ble Supreme Court to accord expeditious

    consideration to the matter.

    2. This writ petition raises a challenge to the exercise of

    powers under the Bihar Control of Crimes Act, 2024. Since the

    controversy turns upon the scope and application of the provisions

    of the said enactment, it is appropriate to briefly notice the

    statutory scheme before dealing with the rival submissions. The

    Act has been enacted to enable preventive action against persons

    whose activities are considered prejudicial to the maintenance of

    public order. Unlike the ordinary criminal law, which is concerned

    with investigation, prosecution and punishment of offences

    already committed, the object of the Act is to prevent anticipated

    conduct which, in the opinion of the competent authority, is likely

    to disturb public order.

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    3. Preventive detention, by its very nature, stands on a

    footing different from punitive detention. While punitive detention

    follows a judicial determination of guilt, preventive detention is

    intended to avert future acts considered prejudicial to public order.

    The Constitution recognises such power but, at the same time,

    subjects its exercise to constitutional and statutory safeguards.

    Since an order of preventive detention authorises deprivation of

    personal liberty without a criminal trial, the authority exercising

    such power is required to act strictly within the limits prescribed

    by law.

    4. The Bihar Control of Crimes Act, 2024 repeals the

    earlier Bihar Control of Crimes Act, 1981 and provides a fresh

    statutory framework for preventive detention. The Act enlarges the

    definition of an “anti-social element” and specifies the categories

    of activities which may justify preventive action. The legislative

    premise is that certain forms of organised, habitual or continuing

    criminal conduct may, in a given case, extend beyond individual

    criminal acts and assume dimensions affecting public order,

    thereby necessitating recourse to preventive measures.

    5. At the same time, the Act incorporates safeguards

    intended to prevent arbitrary exercise of power. The competent

    authority is required to record its subjective satisfaction on the
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    basis of relevant material. The detenue must be informed of the

    grounds of detention, afforded an opportunity of making a

    representation and the matter is required to be examined by the

    Advisory Board in accordance with the procedure prescribed

    under the Act. The statutory scheme thus attempts to maintain a

    balance between the interest of society in preserving public order

    and the constitutional guarantee of personal liberty.

    6. Enactments providing for preventive detention are not

    unique to the State of Bihar. Similar legislation has been enacted

    in other States to deal with organised or habitual criminal

    activities having repercussions on public order. While such

    enactments may pursue a comparable legislative objective, each

    statute has to be construed on its own terms. The provisions of the

    Bihar Control of Crimes Act, 2024 must, therefore, receive

    interpretation with reference to the language employed by the

    Bihar Legislature and not by mechanically importing principles

    applicable to other enactments.

    7. It is equally well settled that every breach of law does

    not amount to a disturbance of public order. Many criminal acts

    may affect only the individuals directly concerned and remain

    within the sphere of law and order. Preventive detention is

    justified only where the nature and impact of the activities are
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    such as to affect the even tempo of community life or generate

    consequences extending beyond individual victims. Whether the

    statutory conditions for invoking preventive detention stand

    fulfilled is the principal issue which falls for consideration in the

    present proceedings.

    8. It is in the above statutory and constitutional backdrop

    that the rival contentions require examination. This Court is not

    concerned with the wisdom of the legislative policy underlying

    the Act. The enquiry is confined to determining whether the

    impugned orders have been passed in accordance with the

    provisions of the Bihar Control of Crimes Act, 2024 and whether

    the constitutional safeguards governing preventive detention have

    been duly observed.

    9. The petitioner, Karnvir Singh Yadav @ Lallu

    Mukhiya, has invoked the writ jurisdiction of this Court under

    Articles 226 and 227 of the Constitution questioning the legality

    of the preventive detention proceedings initiated against him

    under the provisions of the Bihar Control of Crimes Act, 2024.

    The challenge, as originally instituted, was directed against the

    recommendation made by the Sub-Divisional Police Officer,

    Barh-1, the communications exchanged between the police

    authorities, the order of detention passed by the District
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    Magistrate, Patna, the approval accorded by the State Government

    and the rejection of the petitioner’s representation. During the

    pendency of the proceedings, subsequent developments were also

    brought on record by way of interlocutory applications, whereby

    challenge was extended to the later orders passed in continuation

    of the detention proceedings.

    10. The record discloses that on 05.12.2025 the Sub-

    Divisional Police Officer, Barh-1 addressed a communication

    recommending initiation of proceedings against the petitioner

    under the Bihar Control of Crimes Act, 2024. The

    recommendation was thereafter endorsed by the Superintendent of

    Police (Rural), Patna and forwarded by the Senior Superintendent

    of Police, Patna to the District Magistrate, Patna for appropriate

    action under the Act.

    11. Acting upon the materials placed before him, the

    District Magistrate, Patna passed an order dated 10.12.2025 in

    B.C.C.A. Case No. 1-09/2025, which was issued under Memo No.

    7987 dated 11.12.2025, directing the preventive detention of the

    petitioner under Section 12(2) of the Bihar Control of Crimes Act,

    2024. Pursuant thereto, the petitioner was lodged in judicial

    custody in the Special Central Jail, Bhagalpur.

    12. The petitioner submitted representations against the
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    order of detention to the competent authorities. The detention

    order was thereafter placed before the State Government for

    approval in accordance with the statutory procedure. The record

    further indicates that, upon consideration of the opinion rendered

    by the Advisory Board, the State Government confirmed the

    detention and directed that the petitioner remain under detention

    from 11.12.2025 till 10.06.2026. The petitioner’s representation

    also came to be rejected by the State Government.

    13. While the writ petition remained pending, the Senior

    Superintendent of Police, Patna addressed a further

    communication dated 04.06.2026 to the District Magistrate, Patna

    recommending continuation of preventive detention. Acting

    thereon, the District Magistrate issued another order dated

    06.06.2026 in B.C.C.A. Case No. 1-09/2025, providing for

    detention of the petitioner for a further period of six months with

    effect from 11.06.2026. The validity of the said order was

    questioned by the petitioner through Interlocutory Application No.

    2 of 2026, and the consequential approval issued thereafter by the

    Home Department was subsequently challenged through

    Interlocutory Application No. 3 of 2026.

    14. That on 7th July, 2026, the writ petitioner filed I.A.

    No. 03 of 2026 praying for issuance of writ in the nature of
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    Certiorari for quashing the order contained in memo no. 1-

    09/25/4707 dated 06.06.2026 issued under the signature of the

    District Magistrate of Patna. By this order, in continuation of

    detention order no. 7897/Law dated 11.12.2025, the period of

    detention of the petitioner under the provision of Bihar Control of

    Crimes Act, 2024 has been extended for a further period of 6

    months with effect from 11.06.2026.

    15. On careful perusal of the above-mentioned order

    (Annexure P/14) annexed to I.A. No. 03 of 2026, it appears that

    the Senior Superintendent of Police, vide Letter No. 1286/D.C.B.

    dated 04.06.2026, submitted a new proposal (Navin / नवीन) for

    preventive detention against the Writ Petitioner for a period of 1

    year with effect from 11/06/2026.

    16. The Writ Petitioner has raised the question of

    validity of the said order and its subsequent approval by the Home

    Department, Government of Bihar, by filing I.A. No. 02 of 2026

    and I.A. No. 03 of 2026. According to the Petitioner, the above-

    noted order is the continuation of the earlier order, which the

    District Magistrate of Patna is not authorized to pass.

    17. The petitioner asserts that the successive orders of

    detention and the consequential governmental actions are without

    jurisdiction and contrary to the scheme of the Bihar Control of
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    Crimes Act, 2024 as well as the constitutional safeguards

    governing preventive detention. The respondents, on the other

    hand, maintain that the proceedings have been undertaken strictly

    in accordance with the provisions of the Act, that the competent

    authorities were satisfied regarding the necessity of preventive

    detention and that every statutory requirement has been duly

    complied with.

    18. It is in the backdrop of the aforesaid facts and the

    subsequent developments brought on record during the pendency

    of the writ petition that the rival submissions fall for

    consideration.

    19. Upon consideration of the pleadings, the statutory

    provisions of the Bihar Control of Crimes Act, 2024 and the rival

    stands of the parties, the following questions arise for

    determination:

    (i). Whether the order of preventive detention initially

    passed against the petitioner under the provisions of the Bihar

    Control of Crimes Act, 2024 suffers from any jurisdictional

    infirmity or procedural illegality warranting interference in

    exercise of the writ jurisdiction of this Court.

    (ii). Whether the mandatory procedural safeguards

    contemplated under the Bihar Control of Crimes Act, 2024 and the
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    constitutional guarantees governing preventive detention,

    including consideration of the petitioner’s representation and

    compliance with the statutory procedure, were duly observed.

    (iii). Whether, after expiry of the period for which the

    petitioner’s detention had been confirmed by the State

    Government, the District Magistrate possessed the statutory

    authority to pass the subsequent order dated 06.06.2026 directing

    detention of the petitioner for a further period, or whether such

    power could be exercised only by the State Government under the

    scheme of the Bihar Control of Crimes Act, 2024.

    (iv). Whether the Notification dated 24.03.2026 issued

    by the Home Department in exercise of powers under Section

    12(2) of the Bihar Control of Crimes Act, 2024 authorised the

    District Magistrate to pass the impugned order dated 06.06.2026,

    and, if so, whether the said order is consistent with the statutory

    framework of the Act.

    (v). Whether the impugned orders and consequential

    proceedings are liable to be interfered with in exercise of the

    extraordinary jurisdiction of this Court.

    20. Since the challenge to the subsequent order dated

    06.06.2026 goes to the very competence of the authority by whom

    it was passed, that issue would require consideration after
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    examining the statutory scheme of the Act and the nature of the

    power exercised thereunder. The remaining issues shall

    accordingly be considered in the sequence in which they arise

    from the record.

    21. For proper appreciation of rival contentions, it is

    necessary to quote a few provisions of the said Act:

    Sec. – 2(b) “Anti-social element” means a person who

    (i) commits, or attempts to commit or abets the commission of any

    offence punishable under chapter XVI or Chapter XVII of the Indian Penal

    Code; or

    (ii) commits or abets the commission of, any offence connected with

    trafficking in women and children under the Immoral Traffic (Prevention) Act,

    1956; or

    (iii) commits or abets the commission of any offence under the

    Protection of Children from Sexual Offences Act, 2012; or

    (iv) by words or otherwise promotes or attempts to promote on grounds

    of religion, race, language, caste or community or any other grounds

    whatsoever, feelings of enmity or hatred between different religions, racial or

    language groups or castes; or

    (v) has been found passing indecent remarks to, or teasing women or

    girls; or

    (vi) has been declared as a Goonda as per provisions of Bihar Police

    Manual, 1978; or
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    (vii) commits or attempts to commit or abets the commission of offence

    of manufacturing or selling or transporting or transferring or illicit trafficking or

    converting or repairing or testing or proving any firearm or ammunition, or

    being member of an organised crime syndicate or any person on its behalf

    possesses or carries firearm or firearms or ammunition in contravention to the

    provisions of the Arms Act, 1959.

    Explanation–1: For the purpose of this sub-section, “illicit trafficking”

    means the acquisition, sale, delivery, movement or transfer of firearms and

    ammunition into, from or within the territory of India, if the firearms and

    ammunition are not marked in accordance with the provisions of the Arms Act,

    1959 or are being trafficked in contravention of the provisions of the said Act

    including smuggled firearms of foreign make or prohibited arms and prohibited

    ammunition.

    Explanation-2: For the purpose of this sub-section, “organized crime

    syndicate” means a group of two or more persons who, acting either singly or

    collectively, as a syndicate or gang indulging in activities of organized crime.

    Explanation-3: “Organized crime” means any continuing unlawful

    activity by any person, singly or collectively, either as a member of an

    organized crime syndicate or on behalf of such syndicate, by use of violence or

    threat of violence or intimidation or coercion, or other unlawful means, with the

    objective of gaining pecuniary benefits, or gaining undue economic or other

    advantage for himself or any person; or

    (vii) commits or attempts to commit or abets the commission of any

    offence in respect of sand, punishable under the Mines and Minerals
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    (Development and Regulation) Act, 1957 (Central Act 67 of 1957) or under the

    Bihar Minerals (Concession and Prevention of Illegal Mining, Transport and

    Storage) Rules, 2019 or any other law for the time being in force; or

    (ix) distills, manufactures, stores, transports, sells or distributes any

    liquor, intoxicating drug or other intoxicant in contravention of any of the

    provisions of the Bihar Excise & Prohibition Act, 2016, Narcotics Drugs and

    Psychotropic Substances Act, 1985, as amended from time to time or any other

    law prohibiting such activities for the time being in force, and the rules,

    notifications and orders made thereunder, or in contravention of any other law

    for the time being in force, or who knowingly expends or applies any money or

    supplies any animal, vehicle, vessel or other conveyance or any receptacle or

    any other material whatsoever in furtherance or support of the doing of any of

    the above mentioned things by or through any other person, or who abets in any

    other manner the doing of any such thing; or

    (x) commits or attempts to commit or abets the commission of any

    offence, punishable under Chapter XI of the Information Technology Act, 2000

    (Central Act 21 of 2000); or

    (xi) either by himself or as a member of or leader of a gang illegally

    and unauthorisedly, by use of force or threat or by any other unlawful means,

    takes possession or attempts to take possession of any land or house or any

    other property whether belonging to the Government, local authority or any

    other person.

    “Sec. – 2(f) The phrase “commits an offence” wherever used in

    relation to an antisocial element in this Act means a person, against whom,

    during twenty-four months immediately preceding the commencement of any
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    action under this Act, not less than two cases in which police report has been

    filed in the Court of law showing his involvement in offences referred to in sub-

    section (b).”

    Sec. 12. Power to make orders detaining certain

    persons. – The State Government may. –

    1. If it is satisfied that there is reason to fear that

    an anti-social element cannot be prevented from acting in any

    manner prejudicial to the maintenance of public order otherwise

    than by the immediate detention of such person, make an order

    directing that such anti-social element be detained.

    2. If, having regard to the circumstances

    prevailing or likely to prevail in any area within the local limits of

    the jurisdiction of a District Magistrate, the State Government is

    satisfied that it is necessary so to do, it may by an order in writing

    direct, that during such period as may be specified in the order,

    such District Magistrate may also, if satisfied as provided in sub-

    section (1) exercise the power conferred upon by the said sub-

    section:

    Provided that the period specified in an order

    made by the State Government under this sub-section shall not, in

    the first instance exceed six months, but the State Government

    may, if satisfied as aforesaid that it is necessary so to do, amend

    such order to extend such period from time to time by any period
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    not exceeding six months at any one time.

    3. When any order is made by District Magistrate,

    he shall forthwith report the fact to the State Government together

    with the grounds on which the order has been made and such

    other particulars as, in his opinion, have a bearing on the matter,

    and no such order shall remain in force for more than 12 days

    after the making thereof unless, in the meantime, it has been

    approved by the State Government:

    Provided that where under Section 19 the grounds

    of detention are communicated by the officer making the order

    after five days but not later than ten days from the date of

    detention, this, sub-section shall apply subject to the modification

    that, for the words “twelve days”, the words “fifteen days” shall be

    substituted.

    22. So far as the new Order of preventive detention: It is

    nowhere stated in the relevant statute that the District Magistrate

    is empowered to pass only 1 & solitary order of preventive

    detention and further order of detention shall be passed only by

    the State Government. If new material within the scope of Section

    2(b) is unearthed against an anti-social element, the Police

    Authority has the power to apply for a fresh order for preventive

    detention before the District Magistrate.

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    23. In the instant case, vide Letter No. dated

    04.06.2026, the S.S.P. Patna made an application before the

    District Magistrate, Patna, for issuance of a fresh (Navin / नवीन)

    detention order against the petitioner. The District Magistrate

    passed the order impugned on the basis of the application made by

    the Senior Superintendent of Police, Patna.

    24. In Para 17 of I.A. 02 of 2026, the Petitioner himself

    admitted that the detention order dated 11.06.2026 is not in

    continuation of previous detention of the Petitioner, but it is a

    fresh order passed by Home (Police) Department.

    25. By Home (Police) Department Notification No.

    3958/Patna dated 24.03.2026, the Governor of Bihar was pleased

    to empower the District Magistrates of the Districts of Bihar to

    pass preventive orders under Section 12(2) of the said Act within

    the jurisdiction of the District. Therefore, the D.M. Patna was

    empowered to act on behalf of the State Government and to pass

    successive orders of preventive detention under the said Act. The

    order of D.M. was approved subsequently by the State

    Government.

    26. Ms. Nivedita Nirvikar, learned Senior Counsel

    appearing on behalf of the petitioner, assailed the impugned orders
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    of preventive detention as being contrary to the provisions of the

    Bihar Control of Crimes Act, 2024, as well as the constitutional

    safeguards embodied under Articles 21 and 22 of the Constitution

    of India. According to the learned Senior Counsel, the impugned

    orders suffer from a patent lack of jurisdiction, non-application of

    mind and failure to satisfy the statutory preconditions necessary

    for invoking the extraordinary power of preventive detention.

    27. Learned Senior Counsel submitted that the very

    foundation of the detention order rests upon an erroneous

    assumption that the petitioner answers the description of an “anti-

    social element” within the meaning of Section 2(b) of the Act of

    2024. It was contended that the expression employed by the

    legislature under Section 2(b) cannot be construed in a casual or

    expansive manner so as to bring within its fold every person

    against whom criminal cases have been registered. Referring to

    the language employed in the statutory definition, it was argued

    that the legislature has consciously used the expression “commits

    or attempts to commit or abets the commission of offences”,

    which necessarily contemplates the existence of legally admissible

    material satisfying the statutory requirements before the drastic

    power of preventive detention can be invoked.

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    28. Elaborating the above submission, learned Senior

    Counsel contended that the statutory requirement cannot be

    satisfied merely on the basis of registration of criminal cases,

    institution of police investigations or incorporation of Sanha

    entries. According to her, unless the statutory conditions

    prescribed under the Act are demonstrably fulfilled, the detaining

    authority could not have recorded its subjective satisfaction

    regarding the petitioner’s status as an anti-social element.

    29. It was further submitted that several incidents relied

    upon in the grounds of detention were either under investigation

    on the date of passing of the detention order or were founded

    merely upon station diary entries which, by themselves, possess

    no evidentiary value for the purpose of preventive detention.

    Learned Senior Counsel argued that the detaining authority failed

    to distinguish between allegations under investigation and

    material capable of satisfying the statutory requirements under the

    Act.

    30. Learned Senior Counsel next submitted that the

    impugned order discloses complete non-application of mind.

    According to her, the District Magistrate merely reproduced the

    proposal forwarded by the Superintendent of Police without
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    independently scrutinising whether the material placed before him

    was sufficient to justify the extraordinary measure of preventive

    detention. It was argued that the subjective satisfaction required

    under the Act is that of the detaining authority itself and cannot be

    substituted by the opinion or recommendation of the sponsoring

    authority.

    31. It was further contended that the materials relied

    upon in the grounds of detention, even if accepted in their entirety,

    disclose at best issues relatable to maintenance of law and order

    and do not satisfy the higher threshold of disturbance of public

    order, which alone can justify preventive detention. Learned

    Senior Counsel submitted that ordinary criminal law was fully

    capable of addressing the allegations against the petitioner and,

    therefore, invocation of preventive detention amounted to an

    abuse of the statutory power.

    32. Learned Senior Counsel also questioned the manner

    in which the petitioner’s representation was dealt with by the

    authorities. It was submitted that the constitutional safeguard of an

    effective and meaningful consideration of the representation is an

    indispensable requirement under Article 22(5) of the Constitution

    and the provisions of the Act. According to her, the rejection of the
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    representation was mechanical and did not disclose any

    independent application of mind by the competent authority.

    33. A substantial part of the submissions was directed

    against the subsequent order dated 06.06.2026. Learned Senior

    Counsel argued that once the initial order of detention had been

    approved and confirmed by the State Government in accordance

    with the statutory scheme, the District Magistrate became functus

    officio and lacked the jurisdiction to pass a fresh order of

    detention in respect of the same petitioner. According to her, the

    subsequent order is wholly without authority of law and liable to

    be quashed on the ground of inherent lack of jurisdiction.

    34. Referring to Section 12 of the Act of 2024 and the

    notification issued thereunder, learned Senior Counsel submitted

    that the notification cannot enlarge or confer a substantive power

    which the statute itself does not contemplate. It was argued that

    delegated authority must operate strictly within the confines of the

    parent enactment and cannot be construed so as to authorise

    successive detention orders by the District Magistrate after the

    matter has already attained the stage of confirmation by the State

    Government.

    35. In support of the aforesaid submissions, learned
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    Senior Counsel placed reliance upon the decisions of the Hon’ble

    Supreme Court in Ahamed Nassar v. State of Tamil Nadu, reported

    in (1999) 8 SCC 473, K.S. Nagamuthu v. State of Tamil Nadu,

    reported in (2006) 4 SCC 792, Rekha v. State of Tamil Nadu,

    reported in (2011) 5 SCC 244, Sayed Abul Ala v. Union of India,

    reported in (2007) 15 SCC 208, besides Nuzhat Perween v. State

    of U.P., reported in 2020 SCC OnLine All 984, and the judgments

    of this Court in Srikant Roy v. State of Bihar, passed in Cr.W.J.C.

    271 of 2014 and Manoj Kumar Paswan v. State of Bihar, passed in

    Cr.W.J.C. 181 of 2024, to contend that the statutory conditions

    governing preventive detention require strict compliance, that

    subjective satisfaction must be founded upon relevant and cogent

    material, and that preventive detention laws, being exceptional in

    nature, are liable to be construed with great strictness.

    36. Developing her submissions further, learned Senior

    Counsel contended that the constitutional and statutory safeguards

    governing preventive detention have consistently been interpreted

    by the Hon’ble Supreme Court to require strict adherence to the

    procedure established by law, regard being had to the serious

    consequences flowing from an order of preventive detention. It

    was submitted that the extraordinary nature of such power

    necessarily warrants strict scrutiny of every jurisdictional fact
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    before a person can be deprived of his personal liberty otherwise

    than by way of punitive detention.

    37. Placing reliance upon Ahamed Nassar (supra),

    learned Senior Counsel submitted that preventive detention cannot

    be sustained on the basis of mere apprehensions or general

    allegations and that the detaining authority must demonstrate that

    its subjective satisfaction is founded upon relevant, cogent and

    proximate material having a live nexus with the object sought to

    be achieved. According to her, stale, irrelevant or extraneous

    material cannot constitute the basis of a valid detention order. In

    this regard, the Hon’ble Supreme Court in Ahamed Nassar (supra)

    laid down as follows:

    “20. So far as the stand of the respondent with reference to the
    advocate’s letter dated 19-4-1999 is concerned it cannot be held to be a
    justifiable stand. These technical objections must be shunned where a
    detenu is being dealt with under the preventive detention law. A man is
    to be detained in the prison based on the subjective satisfaction of the
    detaining authority. Every conceivable material which is relevant and
    vital which may have a bearing on the issue should be placed before the
    detaining authority. The sponsoring authority should not keep it back,
    based on his interpretation that it would not be of any help to a
    prospective detenu. The decision is not to be made by the sponsoring
    authority. The law on this subject is well settled; a detention order
    vitiates if any relevant document is not placed before the detaining
    authority which reasonably could affect his decision.”

    38. Learned Senior Counsel next relied upon K.S.
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    Nagamuthu (supra) to contend that the satisfaction contemplated

    under the preventive detention law must be the independent

    satisfaction of the detaining authority and not a mechanical

    approval of the proposal forwarded by the sponsoring authority.

    It was submitted that where the detention order merely

    reproduces the contents of the police dossier without independent

    evaluation of the materials placed on record, the order is liable to

    be invalidated on the ground of non-application of mind.

    Highlighting the imperative to place all vital materials before the

    detaining authority, the Supreme Court in K.S. Nagamuthu

    (supra) held:

    “10. We cannot accept the contention urged on behalf of the
    respondents that the letter should have been addressed to the
    sponsoring authority in this case, namely, the Additional Director
    General, Directorate of Revenue Intelligence, Chennai 1 on whose
    recommendation the detaining authority passed the order of detention.
    This is because the date on which the said retraction was made and
    communicated by the appellant, no detention order had been passed and
    therefore, there was no question of the detenu knowing that the
    communication has to be addressed to the sponsoring authority. In fact,
    on that date, to the knowledge of the appellant detenu there was no
    sponsoring authority. The question then arises as to whom the letter
    should have been addressed. It appears that the detenu had handed over
    the letter of retraction to his advocate, who got it delivered in the office
    of the Assistant Commissioner of Customs (Adjudication-AIR), Customs
    House, Chennai 1, though it was addressed to the Superintendent of
    Customs (AIR), Customs House, Chennai 1. It appears that both the
    offices are located in the same building, namely, Customs House at
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    Chennai. Having regard to the facts and circumstances of the case, we
    cannot say that the letter was not communicated to the appropriate
    authority because on that date, the appellant had no knowledge that the
    order of detention was about to be passed under cofeposa. The letter
    undoubtedly was received by the Assistant Commissioner of Customs
    (Adjudication-AIR) whose office was located in Customs House. The
    Assistant Commissioner of Customs is a responsible officer and should
    have known to whom such letters should be sent. In these circumstances,
    we cannot accept the submission urged on behalf of the respondents that
    the letter of retraction was not communicated to the appropriate
    authority. It is not disputed that the letter addressed to the
    Superintendent of Customs (AIR), Customs House, Chennai was, in fact,
    delivered on 7-1-2004 as is apparent from the seal on the receipt and as
    admitted in the counter-affidavit by the State of Tamil Nadu. There is no
    reason why it should not have been placed before the detaining
    authority for his consideration. It has not been disputed that the said
    letter of retraction contained relevant material, which ought to have
    been considered by the detaining authority before passing an order of
    detention. Since relevant material was withheld from the detaining
    authority, the order of detention must be struck down as being illegal.
    We accordingly, quash the order of detention.”

    39. Referring to the celebrated decision of the Hon’ble

    Supreme Court in Rekha (supra), learned Senior Counsel argued

    that preventive detention is an exceptional measure and cannot be

    employed as a substitute for the ordinary criminal justice system.

    It was contended that where the ordinary penal law is adequate to

    deal with the alleged criminal activities of an individual, recourse

    to preventive detention would amount to an abuse of statutory

    power. Learned Senior Counsel submitted that the materials relied

    upon against the petitioner unmistakably demonstrate that the
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    ordinary criminal law had already been set in motion and,

    therefore, there existed no justification for invoking the

    extraordinary power of preventive detention. Emphasizing the

    principal, the Supreme Court in Rekha (supra) observed:

    “30. Whenever an order under a preventive detention law is challenged
    one of the questions the court must ask in deciding its legality is: was
    the ordinary law of the land sufficient to deal with the situation? If the
    answer is in the affirmative, the detention order will be illegal. In the
    present case, the charge against the detenu was of selling expired drugs
    after changing their labels. Surely the relevant provisions in the Penal
    Code and the Drugs and Cosmetics Act were sufficient to deal with this
    situation. Hence, in our opinion, for this reason also the detention order
    in question was illegal.”

    “33. No doubt it has been held in the Constitution Bench decision
    in Haradhan Saha case [(1975) 3 SCC 198 : 1974 SCC (Cri) 816] that
    even if a person is liable to be tried in a criminal court for commission
    of a criminal offence, or is actually being so tried, that does not debar
    the authorities from passing a detention order under a preventive
    detention law. This observation, to be understood correctly, must,
    however, be construed in the background of the constitutional scheme in
    Articles 21 and 22 of the Constitution (which we have already
    explained). Article 22(3)(b) is only an exception to Article 21 and it is
    not itself a fundamental right. It is Article 21 which is central to the
    whole chapter on fundamental rights in our Constitution. The right to
    liberty means that before sending a person to prison a trial must
    ordinarily be held giving him an opportunity of placing his defence
    through his lawyer. It follows that if a person is liable to be tried, or is
    actually being tried, for a criminal offence, but the ordinary criminal
    law (the Penal Code or other penal statutes) will not be able to deal
    with the situation, then, and only then, can the preventive detention law
    be taken recourse to.”

    40. Reliance was also placed upon Sayeed Abdul Ala
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    (supra) to contend that the distinction between ‘law and order’ and

    ‘public order’ is fundamental to the exercise of preventive

    detention jurisdiction. It was submitted that every infraction of

    law or every criminal act does not ipso facto affect public order

    and that the detaining authority must objectively satisfy itself that

    the alleged activities have disturbed, or are likely to disturb, the

    even tempo of public life. According to learned Senior Counsel,

    the allegations against the petitioner, even if accepted in their

    entirety, do not travel beyond issues concerning law and order. In

    Sayed Abdul Ala (supra), the apex court underscored the strict

    scrutiny required for subjective satisfaction:

    “21. Proper application of mind on the part of the detaining authority
    must, therefore, be borne out from the order of detention. In cases where
    the detenu is in custody, the detaining authority not only should be
    aware of the said fact but there should be some material on record to
    justify that he may be released on bail having regard to the restriction
    imposed on the power of the court as it may not arrive at the conclusion
    that there existed reasonable grounds for believing that he was not
    guilty of such offence and that the detenu could not indulge in similar
    activity, if set at liberty.”

    41. Learned Senior Counsel further relied upon the

    decision of the Allahabad High Court in Nuzhat Perween (supra)

    and the judgments of this Court in Srikant Roy (supra) and Manoj

    Kumar Paswan(supra) to contend that the statutory conditions

    prescribed for invoking preventive detention are mandatory in
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    nature and that the jurisdictional facts necessary for branding a

    person as an anti-social element must exist on the date the order of

    detention is passed. It was argued that the materials relied upon by

    the respondents do not satisfy the statutory threshold contemplated

    under the Act of 2024 and, consequently, the very assumption of

    jurisdiction by the detaining authority is legally unsustainable. In

    Nuzhat Perveen (supra) the Division bench held:

    “35. We are in absolute agreement with learned Additional Advocate
    General that it is not open for the courts to substitute their opinion by
    interfering with “subjective satisfaction of the detaining authority”.

    However, it does not mean that the court cannot look into the material
    on which detention is based. The expression “subjective satisfaction”

    means the satisfaction of a reasonable man that can be arrived at on the
    basis of some material which satisfies a rational man. It does not refer
    to whim or caprice of the authority concerned. While assessing
    “subjective satisfaction of the detaining authority” the Court examining
    a petition seeking a writ of habeas corpus has to look into the record to
    examine whether the subjective satisfaction is acceptable to a
    reasonable wisdom and that satisfies rationality of normal thinking and
    analyzing process. The grounds for detention with supporting material
    is also required to be looked into to ascertain whether it is sufficient to
    enable the detenue to make his representation at earliest, of course, this
    opportunity must be effective and real. In view of above, we have looked
    into the speech delivered by the detenue. The closure of examining
    record as suggested would be nothing but a licence to allow the
    executives to act at their whims or caprice. This would be against the
    fundamentals of our constitutional values and provisions.”

    “43. Testing the action taken against the detenue on the above principle,
    it appears other things apart, there is a serious lack of objective
    material on record as may have given rise to a valid subjective
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    satisfaction with the detaining authority to preventively detain the
    detenue on 13.02.2020. The exact nature of the contents of the lecture
    delivered by the detenue on 12.12.2019 at the Bab-e-Syed Gate of the
    AMU (as claimed by the state authorities), even if accepted to be
    correct, it cannot be overlooked that, that material could not be relevant
    for the purpose of satisfaction being drawn two months thereafter,
    inasmuch during that period of two months, undisputedly, the detenue
    neither visited the city of Aligarh nor he made any further or other
    speech or lecture connected thereto nor there is any material shown to
    us that the detenue was about to commit any act in furtherance thereto
    or was going to deliver any other speech or lecture connected thereto as
    may have prejudiced the public order. Mere apprehension expressed in
    the grounds of detention, not founded on any material shown to exist on
    record, if allowed to stand, would fall foul with the test laid down by the
    Supreme Court in Khudi Ram Das (supra), inasmuch as, neither there is
    any objective material giving rise to the subjective satisfaction nor the
    subjective satisfaction is found to have been reached in a legal and
    regular manner but on whim and humour.”

    Similarly in Srikant Roy (supra) this court held:

    “35. A microscopic reading of the provisions, embodied in sub-Section
    (1) of Section 12 of Bihar Control of Crimes Act, 1981, makes it
    transparent that merely because a person acts in a manner prejudicial
    to maintenance of public order, he cannot be placed under preventive
    detention unless there is reason to fear that the activities of the anti-

    social element (which he is), cannot be prevented otherwise than by his
    immediate arrest.”

    “37. In other words, in order to be taken into preventive detention, one
    must be an anti-social element and the detaining authority must be
    satisfied that his act is prejudicial to maintenance of public order and
    there must be reason to fear that such anti-social element’s activities
    cannot be prevented otherwise than by his immediate arrest. In absence
    of these conditions precedent, the power, under Section 12(1) of Bihar
    Control of Crimes Act, 1981, cannot be invoked and one cannot be
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    taken into preventive detention.”

    Likewise, in Manoj Kumar Paswan (supra), this court

    reiterated:

    “9. From a bare reading of sub-section (i) of Section 3 of Bihar Control
    of Crimes Act, 1981, it becomes abundantly clear that a person has to
    be an anti-social element within the meaning of Section 2(d) of Bihar
    Control of Crimes Act, 1981, in order to bring him within the ambit of
    Section 3 of Bihar Control of Crimes Act, 1981, so that an order of
    externment can be made against him. Considered in this light, it
    becomes crystal clear that unless a person is an anti-social element
    within the meaning of Section 2(d) of Bihar Control of Crimes Act,
    1981, a District Magistrate does not derive the jurisdiction, power or
    authority to make an order of externment by taking recourse to Section
    3
    of Bihar Control of Crimes Act, 1981.”

    42. On the aforesaid premises, learned Senior Counsel

    urged that the impugned orders of detention, together with all

    consequential actions taken pursuant thereto, deserve to be

    quashed as being violative of the constitutional guarantees under

    Articles 21 and 22 of the Constitution of India and the mandatory

    provisions of the Bihar Control of Crimes Act, 2024.

    43. Per contra, learned Advocate General appearing on

    behalf of the State, supported the impugned orders and contended

    that the writ petition is wholly devoid of merit, both on facts and

    in law. It was submitted that the detention order has been passed

    strictly in accordance with the provisions of the Bihar Control of

    Crimes Act, 2024 after due consideration of the materials placed
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    before the detaining authority, and that all constitutional and

    statutory safeguards have been scrupulously observed throughout

    the proceedings.

    44. Learned Advocate General for the State submitted,

    at the outset, that the entire edifice of the petitioner’s challenge

    proceeds on an erroneous interpretation of the provisions of the

    Act of 2024. According to him, the petitioner seeks to import

    principles applicable to earlier preventive detention legislations

    while completely overlooking the scheme and language

    consciously adopted by the Legislature under the Bihar Control of

    Crimes Act, 2024. It was argued that the provisions of the present

    enactment are materially different and, therefore, the statutory

    expressions employed therein must receive their plain and

    ordinary meaning.

    45. Referring specifically to Section 2(b) of the Act,

    learned counsel submitted that the Legislature has deliberately

    employed the expression “commits or attempts to commit or abets

    the commission of offences” and has consciously refrained from

    making conviction a condition precedent for treating a person as

    an “anti-social element”. According to him, the definition is

    founded upon the conduct and activities of the individual and not

    upon the culmination of criminal proceedings in conviction.
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    Consequently, the petitioner’s contention that preventive detention

    can be resorted to only after conviction or final adjudication of

    criminal cases is contrary to the express language of the statute.

    46. It was further submitted that the statutory

    requirement under Section 2(b) stood fully satisfied in the present

    case. Learned counsel contended that, prior to the passing of the

    initial order of detention, charge-sheets had already been

    submitted in the requisite number of criminal cases, while the

    remaining criminal antecedents, including those under

    investigation, were considered only as part of the petitioner’s

    overall criminal profile. It was argued that the detention order is

    not founded merely upon Sanha entries or pending investigations,

    as has been suggested on behalf of the petitioner.

    47. Learned Advocate General submitted that the Sanha

    entries and other contemporaneous police records merely

    constituted supporting material reflecting the continuous criminal

    activities attributed to the petitioner and were considered along

    with the registered criminal cases, charge-sheets and other

    relevant records. It was contended that the grounds of detention

    clearly disclose the materials which weighed with the detaining

    authority and demonstrate that the subjective satisfaction was

    arrived at upon consideration of the entire record rather than any
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    isolated circumstance.

    48. Repelling the allegation of non-application of mind,

    learned counsel argued that the District Magistrate independently

    examined the proposal submitted by the sponsoring authority,

    scrutinised the relevant records and thereafter recorded his

    subjective satisfaction in accordance with law. According to him,

    merely because the detaining authority accepted the

    recommendation of the Superintendent of Police does not lead to

    an inference that the satisfaction was mechanical or that the

    statutory duty was abdicated. It was submitted that the law

    recognises the sponsoring authority as the source of information,

    while the ultimate satisfaction nevertheless remains that of the

    detaining authority.

    49. Learned Advocate General for the State further

    submitted that the petitioner’s attempt to characterize the alleged

    activities as involving merely issues of “law and order” is wholly

    misconceived. It was contended that the activities attributed to the

    petitioner, viewed cumulatively and in the backdrop of his

    criminal antecedents, had created a sense of fear and insecurity

    amongst the residents of the locality, thereby disturbing the even

    tempo of public life. According to him, the detaining authority

    rightly arrived at the conclusion that the petitioner’s activities were
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    prejudicial to the maintenance of public order, warranting

    invocation of the provisions of the Act of 2024.

    50. Meeting the contention regarding the petitioner’s

    representation, learned counsel submitted that the constitutional

    and statutory safeguards have been meticulously complied with at

    every stage. It was argued that immediately upon the order of

    detention being passed, the petitioner was duly informed of the

    grounds of detention and of his right to make a representation

    against the order. The representation submitted on behalf of the

    petitioner was considered by the competent authority in

    accordance with law and was rejected after due application of

    mind. It was, therefore, contended that there has been no

    infraction of Article 22(5) of the Constitution or of any provision

    of the Act of 2024.

    51. Learned Advocate General further submitted that the

    matter was thereafter placed before the Advisory Board within the

    period prescribed under the Act. Upon examining the relevant

    records and after affording the petitioner an opportunity of

    hearing, the Advisory Board opined that there existed sufficient

    cause for the detention of the petitioner. Acting upon the opinion

    of the Advisory Board, the State Government confirmed the order

    of detention in accordance with the statutory procedure. It was,
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    therefore, submitted that every procedural safeguard contemplated

    under the Act stood duly complied with.

    52. Refuting the challenge to the subsequent order dated

    06.06.2026, learned Advocate General submitted that the said

    order was neither a continuation nor a mere reiteration of the

    earlier detention order. According to him, subsequent to the

    confirmation of the initial detention, fresh materials came into

    existence, including submission of additional charge-sheets in

    criminal cases involving the petitioner, which constituted the basis

    of a fresh proposal forwarded by the sponsoring authority. It was

    contended that the subsequent order was thus founded upon fresh

    and independent material and cannot be characterised as a

    repetition of the earlier order.

    53. Learned Advocate General further contended that

    the District Magistrate was fully competent to pass the order dated

    06.06.2026 by virtue of the notification dated 24.03.2026 issued

    by the State Government under Section 12(2) of the Bihar Control

    of Crimes Act, 2024, whereby the powers exercisable under the

    said provision had been delegated to the District Magistrates for

    the period specified therein. It was submitted that the notification

    was issued in exercise of statutory authority and, therefore, the

    challenge to the competence of the District Magistrate is wholly
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    devoid of substance.

    54. Learned Advocate General urged that the

    notification issued under Section 12(2) is a valid exercise of

    statutory power and clearly authorised the District Magistrate to

    pass an order of preventive detention upon being satisfied that the

    circumstances contemplated under the Act existed. According to

    him, the contention that only the State Government could have

    exercised such power is contrary to the express language of

    Section 12 and the notification issued thereunder. It was submitted

    that the order dated 06.06.2026 was, therefore, passed by a

    competent authority acting strictly within the bounds of the

    statutory framework.

    55. In support of the aforesaid submissions, learned

    counsel placed reliance upon the Constitution Bench judgment of

    the Hon’ble Supreme Court in Haradhan Saha v. State of West

    Bengal reported in (1975) 3 SCC 198, besides the decisions

    rendered by this Court in Manoj Kumar Paswan v. State of Bihar

    (supra), Rajesh Kumar v. State of Bihar passed in Cr.W.J.C. No.

    1019 of 2026, and other decisions dealing with the scope of

    judicial review in matters relating to preventive detention. It was

    submitted that the settled legal position is that the Court, while

    exercising jurisdiction under Article 226 of the Constitution, does
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    not sit in appeal over the subjective satisfaction of the detaining

    authority and interference is warranted only where the order is

    shown to be vitiated by mala fides, non-compliance with

    mandatory statutory safeguards, consideration of extraneous

    material or patent non-application of mind.

    56. In Haradhan Saha (supra), the Constitution Bench

    authoritatively observed:

    “34. The recent decisions of this Court on this subject are many. The
    decisions in Borjahan Gorey v. State of W.B. [(1972) 2 SCC 550 : 1972
    SCC (Cri) 888] , Ashim Kumar Ray v. State of W.B. [(1973) 4 SCC 76 :

    1973 SCC (Cri) 723] ; Abdul Aziz v. District Magistrate,
    Burdwan
    [(1973) 1 SCC 301 : 1973 SCC (Cri) 321] and Debu
    Mahato v. State of W.B. [(1974) 4 SCC 135 : 1974 SCC (Cri) 274]
    correctly lay down the principles to be followed as to whether a
    detention order is valid or not.
    The decision in Biram Chand v. State of
    U.P.
    [(1974) 4 SCC 573 : 1974 SCC (Cri) 609] which is a Division
    Bench decision of two learned Judges is contrary to the other Bench
    decisions consisting in each case of three learned Judges. The
    principles which can be broadly stated are these. First, merely because
    a detenu is liable to be tried in a criminal court for the commission of a
    criminal offence or to be proceeded against for preventing him from
    committing offences dealt with in Chapter VIII of the Code of Criminal
    Procedure
    would not by itself debar the Government from taking action
    for his detention under the Act. Second, the fact that the Police arrests a
    person and later on enlarges him on bail and initiates steps to prosecute
    him under the Code of Criminal Procedure and even lodges a first
    information report may be no bar against the District Magistrate
    issuing an order under the preventive detention. Third, where the
    concerned person is actually in jail custody at the time when an order of
    detention is passed against him and is not likely to be released for a fair
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    length of time, it may be possible to contend that there could be no
    satisfaction on the part of the detaining authority as to the likelihood of
    such a person indulging in activities which would jeopardise the
    security of the State or the public order. Fourth, the mere circumstance
    that a detention order is passed during the pendency of the prosecution
    will not violate the order. Fifth, the order of detention is a precautionary
    measure. It is based on a reasonable prognosis of the future behaviour
    of a person based on his past conduct in the light of the surrounding
    circumstances.”

    57. Likewise, in Rajesh Kumar v. State of Bihar (supra),

    this Court analyzed the statutory parameters of the 2024 Act and

    noted:

    “3. It is in order to deal with such anti-social elements, who are acting
    in any manner prejudicial to the maintenance of public order, the
    legislatures have conferred some drastic powers upon the District
    Magistrate under Section 3 of the BCC Act. The District Magistrate has
    been vested with sweeping extraordinary powers under a legislative
    scheme which has been structured to bypass standard procedural delays
    in controlling organised syndicates. The administration which has to
    deal with the maintenance of public order has been conferred with
    power to pass order of externment and banishment. This provision has
    been made to tackle immediate threat to public order by an anti-social
    element. In a catena of judgments, the Hon’ble Supreme Court has been
    pleased to hold and declare that while exercising drastic powers the
    authorities vested with such powers have to base their decision on
    credible information. The information required to be formed in the cases
    of the present nature cannot be formed based on imaginary grounds or
    wishful thinking. The District Magistrate must be able to show the
    materials on the basis of which the believe is formed. Drastic powers
    are to be exercised with all circumspection and care. A bald statement
    of a police officer without there being any reason to believe cannot be a
    basis to exercise the power conferred upon the District Magistrate
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    under Section 3 of the BCC Act. The power of the District Magistrate
    cannot be left unbridled and uncanalised. It is draconian in nature
    because it has an effect immediately curtailing a citizens fundamental
    right to life guaranteed by Chapter-III of the Constitution of India.
    Exercise of power under this provision is dependent upon the formation
    of a subjective opinion by the District Magistrate that it is necessary so
    to do for the purpose of maintaining public order.”

    “4. In the case of Kuso Sah vs. The State of Bihar reported in (1974) 1
    SCC 185 speaking for the Bench, the then Hon’ble Mr. Justice Y.V.
    Chandrachud held as under:- “4. *** The two concepts have well
    defined contours, it being well established that stray and unorganised
    crimes of theft and assault are not matters of public order since they do
    not tend to affect the even flow of public life. Infractions of law are
    bound in some measure to lead to disorder but every infraction of law
    does not necessarily result in public disorder *** 6. *** The power to
    detain a person without the safeguard of a court trial is too drastic to
    permit a lenient construction and therefore Courts must be astute to
    ensure that the detaining authority does not transgress the limitations
    subject to which alone the power can be exercised. ***”

    “5. To declare somebody as anti-social element would amount to
    casting legal and social stigma which is likely to affect a person in
    many ways even after he gets acquitted with honour in the criminal
    cases lodged against him. An executive action declaring a person anti-
    social element under the BCC Act can predominantly tarnish his
    reputation. Legal measures that inflict public stigma must meet strict
    constitutional scrutiny. In the cases of Subramanian Swamy vs. Union of
    India
    reported in (2016) 7 SCC 221, State of Bihar vs. Lal Krishna
    Advani
    reported in (2003) 8 SCC 361 and Port of Bombay vs.
    Dilipkumar Raghavendranath Nadkarni
    reported in (1983) 1 SCC 124,
    the Hon’ble Supreme Court has held that right to reputation is an
    integral part of life and personal liberty under Article 21 of the
    Constitution of India. In such circumstance, the order of a District
    Magistrate under the BCC Act must ensure that he did not act
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    mechanically”

    58. On the aforesaid premises, learned counsel

    submitted that the detention order as well as the subsequent order

    dated 06.06.2026 were passed strictly in conformity with the

    provisions of the Bihar Control of Crimes Act, 2024 and the

    constitutional safeguards governing preventive detention. It was,

    therefore, urged that the writ petition, being devoid of merit,

    deserves to be dismissed.

    59. Having heard the learned Senior Counsel appearing

    for the petitioner and the learned counsel appearing for the State

    and upon perusal of the pleadings and the materials brought on

    record, the following questions arise for consideration before this

    Court:

    (i) Whether the petitioner answers the description of an

    “anti-social element” within the meaning of Section 2(b) of the

    Bihar Control of Crimes Act, 2024?

    (ii) Whether the subjective satisfaction recorded by the

    detaining authority is vitiated by non-application of mind,

    consideration of irrelevant materials or omission to consider

    relevant materials?

    (iii) Whether the materials relied upon by the detaining

    authority disclose disturbance of “public order” so as to justify
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    invocation of the provisions of the Act of 2024?

    (iv) Whether the constitutional and statutory safeguards,

    including the petitioner’s right to make an effective representation

    and the procedure relating to reference before the Advisory Board,

    have been duly complied with?

    (v) Whether the District Magistrate possessed the

    authority in law to pass the order dated 06.06.2026 in view of the

    provisions contained in Section 12 of the Bihar Control of Crimes

    Act, 2024 and the Notification dated 24.03.2026 issued

    thereunder?

    (vi) Whether the impugned orders warrant interference

    in exercise of the extraordinary jurisdiction of this Court under

    Article 226 of the Constitution of India?

    60. Before examining the rival submissions, it is

    necessary to notice the provisions of the Bihar Control of

    Crimes Act, 2024 which have a direct bearing on the

    controversy. The principal challenge in the present writ petition

    concerns the petitioner’s detention under the Act and the

    competence of the District Magistrate to exercise the power of

    preventive detention. The questions framed by this Court

    cannot, therefore, be answered without first examining the

    relevant statutory scheme.

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    61. The Act is a legislation providing for preventive

    detention in specified circumstances. Its purpose is not to punish

    a person for offences already committed, but to prevent

    activities which, on the basis of the material available before the

    competent authority, are considered prejudicial to the

    maintenance of public order. Since an order of preventive

    detention authorises deprivation of personal liberty without a

    criminal trial, the exercise of such power is necessarily subject

    to the limitations imposed by the Constitution as well as the

    conditions prescribed under the statute.

    62. The issues arising in the present case principally

    revolve around two provisions of the Act. The first is Section

    2(b), which defines the expression “anti-social element” and

    determines the jurisdictional requirement for invoking the

    provisions of the Act. The second is Section 12, which regulates

    the exercise of the power of preventive detention and the

    authority competent to pass such an order. The rival submissions

    advanced on behalf of the parties substantially centre around the

    true scope of these provisions.

    63. The petitioner disputes the satisfaction of the

    statutory requirements contained in Section 2(b) and also

    questions the competence of the District Magistrate to issue the
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    subsequent order dated 06.06.2026 in the light of the

    Notification dated 24.03.2026 issued under Section 12(2) of the

    Act. These issues are required to be examined in the context of

    the statutory language itself, the principles laid down in the

    authorities relied upon by the parties and the material which was

    available before the detaining authority at the relevant point of

    time.

    Whether the petitioner answers the description of

    an “anti-social element” within the meaning of Section 2(b)

    of the Bihar Control of Crimes Act, 2024?

    64. The principal challenge advanced on behalf of the

    petitioner is to the very assumption of jurisdiction by the

    detaining authority. According to the petitioner, the materials

    relied upon by the District Magistrate do not satisfy the statutory

    requirements prescribed under Section 2(b) of the Bihar Control

    of Crimes Act, 2024 and, consequently, the petitioner could not

    have been treated as an “anti-social element” so as to attract the

    provisions of the Act. The respondents, on the other hand,

    contend that the statutory conditions stood fully satisfied and that

    the order of detention has been passed upon due consideration of

    the petitioner’s criminal antecedents and other relevant materials.

    65. Since the jurisdiction of the detaining authority is
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    founded upon the existence of the circumstances contemplated

    under Section 2(b), it becomes necessary to first examine the

    statutory provision itself. Section 2(b) of the Act defines an “anti-

    social element” by prescribing the categories of persons against

    whom the provisions of the Act may be invoked. The definition

    assumes significance because the existence of the jurisdictional

    facts contemplated therein constitutes the very foundation for the

    exercise of preventive detention under the Act.

    66. Learned Senior Counsel for the petitioner has urged

    that the expression employed in Section 2(b), namely, “commits

    or attempts to commit or abets the commission of offences”,

    necessarily requires strict construction, having regard to the

    drastic consequences flowing from an order of preventive

    detention. According to the petitioner, mere registration of

    criminal cases, pendency of investigation or incorporation of

    Sanha entries cannot, by themselves, satisfy the statutory

    requirement contemplated under the Act. It is contended that the

    materials relied upon by the respondents do not establish the

    existence of the jurisdictional facts required by Section 2(b).

    67. Per contra, the respondents contend that the

    language consciously employed by the Legislature under the Act

    of 2024 materially differs from earlier enactments and that the
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    expression “commits or attempts to commit or abets the

    commission of offences” cannot be interpreted as importing a

    requirement of conviction or final adjudication of criminal

    liability. According to the respondents, the statute recognises the

    conduct and activities of the individual as the relevant

    consideration and not merely the eventual outcome of criminal

    proceedings. It is further contended that the requisite number of

    charge-sheets had already been submitted before the order of

    detention came to be passed and that the remaining materials

    were considered only as corroborative circumstances depicting

    the petitioner’s continuing criminal activities.

    68. Since both sides have placed considerable reliance

    upon judicial precedents while advancing rival interpretations of

    Section 2(b) of the Bihar Control of Crimes Act, 2024, it would

    be appropriate to first ascertain the true scope of the statutory

    provision. Judicial precedents undoubtedly illuminate the

    principles governing preventive detention; however, the starting

    point of every exercise of statutory interpretation must necessarily

    be the language employed by the Legislature itself. The

    authorities cited by the parties shall, therefore, be examined in the

    course of interpreting the provision rather than in isolation

    therefrom.

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    69. Preventive detention occupies a constitutionally

    recognised yet exceptional field of law. Unlike punitive detention,

    which follows adjudication of criminal guilt, preventive detention

    is founded upon the necessity of preventing future prejudicial

    activities. Although the Constitution expressly recognises

    preventive detention under Article 22, the power authorising

    deprivation of personal liberty without trial must receive strict

    scrutiny, and every statutory safeguard enacted by the Legislature

    must be faithfully observed.

    70. Equally settled is the principle that the satisfaction

    contemplated under preventive detention law is the subjective

    satisfaction of the detaining authority. Such satisfaction, however,

    is not immune from judicial review. The Court does not sit in

    appeal over the sufficiency of the material, yet it is duty bound to

    examine whether the authority acted within jurisdiction,

    considered relevant material, excluded irrelevant considerations

    and observed the constitutional as well as statutory safeguards

    governing preventive detention.

    71. The distinction between “law and order” and

    “public order” likewise constitutes a settled principle. Every

    infraction of criminal law may disturb law and order, but only

    those activities whose impact transcends individual victims and
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    disturbs the even tempo of community life justify preventive

    detention. Whether such threshold stands crossed depends not

    merely upon the nature of the offence but equally upon its reach,

    frequency, continuity and social impact.

    72. The mere pendency of criminal proceedings does

    not, by itself, conclude the issue either way. Whether preventive

    detention is justified depends upon the statutory requirements of

    the Act and the material that was available to the detaining

    authority when the order came to be passed. The authorities relied

    upon by the parties shall now be examined in that context.

    73. It is against the aforesaid constitutional backdrop

    that Section 2(b) of the Bihar Control of Crimes Act, 2024

    requires examination. The jurisdiction of the detaining authority

    is founded not upon the mere existence of criminal cases but upon

    the statutory satisfaction that the person answers the description

    of an “anti-social element” as defined under the Act. The Court

    must therefore ascertain the legislative meaning of the

    expressions employed by the Legislature before examining

    whether the facts of the present case satisfy those statutory

    requirements.

    Interpretation of Section 2(b) of the Bihar Control of

    Crimes Act, 2024
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    74. Section 2(b) constitutes the jurisdictional foundation

    upon which the entire machinery of preventive detention under the

    Bihar Control of Crimes Act, 2024 rests. Unless the person sought

    to be detained answers the statutory description of an “anti-social

    element”, the extraordinary power of preventive detention cannot

    be invoked. The determination under Section 2(b), therefore, is

    not a matter of mere formality but a jurisdictional fact, the

    existence whereof is amenable to judicial scrutiny within the well-

    settled parameters governing preventive detention.

    75. The Legislature has consciously employed the

    expression “commits or attempts to commit or abets the

    commission of offences”. Each of these expressions possesses an

    independent legal significance. The use of the disjunctive “or”

    manifests a legislative intention that the provision is attracted not

    merely where the person is shown to have actually committed the

    specified offences but equally where there exists legally relevant

    material disclosing participation through an attempt or abetment.

    Had the Legislature intended to confine the provision only to

    persons who stood convicted, it could easily have employed

    language indicating such intention. The absence of any such

    requirement is significant and cannot be ignored while construing

    the provision.

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    76. Equally significant is the omission of any

    requirement that the person must have been convicted by a

    competent criminal court before he can be regarded as an anti-

    social element. Preventive detention and criminal prosecution

    operate in distinct spheres. The object of the former is preventive,

    whereas the latter is punitive. To read a requirement of prior

    conviction into Section 2(b) would amount to importing words

    which the Legislature has deliberately omitted. Such an

    interpretation would substantially defeat the preventive object

    sought to be achieved by the enactment.

    77. At the same time, the absence of a requirement of

    conviction does not imply that mere registration of criminal cases

    or bald allegations, without anything more, would automatically

    satisfy the statutory requirement. Preventive detention, being an

    exceptional measure affecting personal liberty, must rest upon

    objective materials capable of reasonably supporting the

    formation of subjective satisfaction. The detaining authority is,

    therefore, required to examine the quality, proximity and

    relevance of the material relied upon and not merely its numerical

    quantity.

    78. The submission advanced on behalf of the petitioner

    that pending investigation, by itself, cannot invariably establish
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    the existence of the jurisdictional fact deserves careful

    consideration. Mere pendency of investigation neither

    conclusively establishes criminal conduct nor necessarily renders

    the material wholly irrelevant. The relevance of such material

    depends upon the surrounding circumstances, the nature of the

    allegations, corroborative material available on record and the

    overall satisfaction recorded by the detaining authority. No

    inflexible rule can therefore be formulated either excluding or

    automatically accepting such material.

    79. Similar considerations govern the relevance of

    charge-sheets. Submission of a charge-sheet undoubtedly lends

    greater assurance to the existence of prima facie material collected

    during investigation. Nevertheless, the filing of a charge-sheet

    does not, by itself, conclude the enquiry under Section 2(b).

    Preventive detention does not proceed upon proof of guilt beyond

    reasonable doubt. Equally, it cannot proceed merely because a

    charge-sheet has been submitted. The authority must still

    independently assess whether the material depicts continuing

    activities of the nature contemplated by the statute.

    80. Learned Senior Counsel has also questioned the

    reliance placed upon Sanha entries. A station diary entry or Sanha

    cannot, by itself, be equated with substantive evidence
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    establishing criminal conduct. Such entries are primarily

    administrative records maintained during the course of policing.

    Nevertheless, where such entries merely corroborate other legally

    relevant material depicting a continuing pattern of conduct, they

    cannot be discarded altogether. The evidentiary weight to be

    attached to such material necessarily depends upon the facts of

    each case and the extent to which it supports independent material

    otherwise available before the detaining authority.

    81. The expression “anti-social element” likewise

    cannot be construed in isolation. The definition under Section 2(b)

    must be understood in the context of the object of the Act, namely,

    maintenance of public order. The legislative focus is not upon

    isolated criminality but upon conduct demonstrating such

    continuity, propensity or organised nature as renders ordinary

    preventive measures inadequate. The inquiry is thus qualitative

    rather than merely quantitative.

    82. This Court is, therefore, of the considered opinion

    that Section 2(b) neither requires proof of conviction nor

    authorises preventive detention upon the mere existence of

    unverified allegations. The statutory requirement stands satisfied

    only where the materials placed before the detaining authority,

    viewed cumulatively, are reasonably capable of establishing the
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    jurisdictional fact that the person answers the statutory description

    of an anti-social element and that preventive detention has a

    rational nexus with the maintenance of public order.

    83. Furthermore, on the aspect of habitual commission

    of offences and temporal nexus, guidance is drawn from the

    decision of the Hon’ble Supreme Court in Vijay Narain Singh v.

    State of Bihar reported in (1984) 3 SCC 14, wherein the Apex

    Court construed the term “habitually” under the Bihar Control of

    Crimes Act as follows:

    “31. It is seen from Section 12 of the Act that it makes provision for the
    detention of an anti-social element. If a person is not an anti-social
    element, he cannot be detained under the Act. The detaining authority
    should, therefore, be satisfied that the person against whom an order is
    made under Section 12 of the Act is an anti-social element as defined in
    Section 2(d) of the Act. Sub-clauses (ii), (iii) and (v) of Section 2(d) of
    the Act which are not quite relevant for the purposes of this case may be
    omitted from consideration for the present. The two other sub-clauses
    which need to be examined closely are sub-clauses (i) and (iv) of
    Section 2(d). Under sub-clause (i) of Section 2(d) of the Act, a person
    who either by himself or as a member of or leader of a
    gang habitually commits or attempts to commit or abets the commission
    of offences punishable under Chapter XVI dealing with offences
    affecting the human body or Chapter XVII dealing with offences against
    property, of the Penal Code, 1860 is considered to be an anti-social
    element. Under sub-clause (iv) of Section 2(d) of the Act, a person who
    has been habitually passing indecent remarks to, or teasing women or
    girls, is an anti-social element. In both these sub-clauses, the word
    “habitually” is used. The expression “habitually” means “repeatedly”

    or “persistently”. It implies a thread of continuity stringing together
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    similar repetitive acts. Repeated, persistent and similar, but not isolated,
    individual and dissimilar acts are necessary to justify an inference of
    habit. It connotes frequent commission of acts or omissions of the same
    kind referred to in each of the said sub-clauses or an aggregate of
    similar acts or omissions. This appears to be clear from the use of the
    word “habitually” separately in sub-clause (i), sub-clause (ii) and sub-
    clause (iv) of Section 2(d) and not in sub-clauses (iii) and (v) of Section
    2(d)
    . If the State Legislature had intended that a commission of two or
    more acts or omissions referred to in any of the sub-clauses (i) to (v) of
    Section 2(d) was sufficient to make a person an “anti-social element”,
    the definition would have run as “Anti-social element” means “a
    person who habitually is. ..”. As Section 2(d) of the Act now stands,
    whereas under sub-clause (iii) or sub-clause (v) of Section 2(d) a single
    act or omission referred to in them may be enough to treat the person
    concerned as an ‘antisocial element’, in the case of sub-clause (i), sub-
    clause (ii) or sub-clause (iv), there should be a repetition of acts or
    omissions of the same kind referred to in sub-clause (i), sub-clause (ii)
    or in sub-clause (iv) by the person concerned to treat him as an “anti-
    social element”. Commission of an act or omission referred to in one of
    the sub-clauses (i), (ii) and (iv) and of another act or omission referred
    to in any other of the said sub-clauses would not be sufficient to treat a
    person as an “anti-social element”. A single act or omission falling
    under sub-clause (i) and a single act or omission falling under sub-
    clause (iv) of Section 2(d) cannot, therefore, be characterised as a
    habitual act or omission referred to in either of them. Because the idea
    of “habit” involves an element of persistence and a tendency to repeat
    the acts or omissions of the same class or kind, if the acts or omissions
    in question are not of the same kind or even if they are of the same kind
    when they are committed with a long interval of time between them they
    cannot be treated as habitual ones.”

    84. The rival authorities cited before this Court must

    now be examined in the light of the aforesaid interpretation. The

    precedents do not substitute the statutory language; they explain
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    the constitutional limitations within which the statutory power is

    to be exercised. It is, therefore, necessary to examine the

    principles emerging from those decisions before applying the

    interpreted provision to the facts of the present case.

    85. The respondents have principally relied upon the

    Constitution Bench decision in Haradhan Saha v. State of West

    Bengal (supra). The Constitution Bench authoritatively explained

    that preventive detention and criminal prosecution operate in two

    distinct fields. Criminal prosecution is intended to punish an

    individual for acts already committed after adjudication in

    accordance with law, whereas preventive detention seeks to

    prevent the commission of future prejudicial activities.

    Consequently, the mere existence or pendency of criminal

    proceedings does not, by itself, denude the competent authority of

    the power to invoke preventive detention where the statutory

    conditions are otherwise satisfied.

    86. The Constitution Bench further held that the Court

    exercising judicial review does not sit in appeal over the

    subjective satisfaction recorded by the detaining authority. Judicial

    scrutiny remains confined to examining whether the statutory

    conditions existed, whether the authority acted within jurisdiction,

    whether relevant material was considered, whether irrelevant
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    considerations entered the decision-making process and whether

    the constitutional as well as statutory safeguards governing

    preventive detention were duly observed. These principles

    continue to constitute the governing framework within which

    subsequent decisions relating to preventive detention are required

    to be understood.

    87. Learned Senior Counsel, however, placed

    considerable reliance upon the decision of the Hon’ble Supreme

    Court in Rekha (supra) to contend that where the ordinary

    criminal law is capable of dealing with the alleged activities of the

    detenue, resort to preventive detention becomes impermissible.

    The submission, though attractive at first blush, requires careful

    examination in the context in which the said decision was

    rendered.

    88. In Rekha (supra), the Supreme Court emphasised

    that preventive detention cannot be employed as a substitute for

    the ordinary criminal process merely because criminal prosecution

    may involve procedural complexities or because the prosecuting

    agency considers preventive detention to be administratively

    convenient. The decision reiterates that the extraordinary

    jurisdiction under preventive detention statutes must be exercised

    only where the ordinary criminal law is genuinely inadequate to
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    prevent the anticipated prejudicial activities.

    89. The principle enunciated in Rekha (supra) cannot,

    however, be read divorced from the Constitution Bench decision

    in Haradhan Saha (supra). The two decisions occupy different

    fields. While Haradhan Saha (supra) recognises that criminal

    prosecution and preventive detention are not mutually exclusive

    remedies, Rekha (supra) emphasises that preventive detention

    cannot be mechanically invoked in every criminal case. Properly

    understood, both decisions require the detaining authority to

    demonstrate, upon relevant material, that preventive detention has

    become necessary notwithstanding the availability of the ordinary

    criminal process.

    90. The remaining decisions relied upon by the

    petitioner, including Ahmad Nassar (supra), K.S. Nagamuthu

    (supra), Sayeed Abdul Ala (supra) and Nuzhat Perween (supra),

    substantially reiterate the settled propositions that preventive

    detention laws, being exceptional in nature, require strict

    adherence to constitutional safeguards, that the subjective

    satisfaction must rest upon relevant material and that preventive

    detention cannot be sustained where the statutory requirements

    remain unfulfilled. None of these decisions lays down a principle

    inconsistent with the constitutional framework explained by the
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    Constitution Bench in Haradhan Saha (supra).

    91. Likewise, the decisions rendered by this Court in

    Srikant Roy (supra), Manoj Kumar Paswan (supra) and the

    judgments placed by the respondents under the Bihar Control of

    Crimes Act principally turn upon the factual sufficiency of the

    material considered by the detaining authority in those respective

    cases. They illustrate the application of settled principles to

    particular factual situations and do not alter the governing legal

    standards discussed hereinabove.

    92. The true principle emerging from the authorities

    may therefore be summarised thus: preventive detention is

    constitutionally permissible; the detaining authority must

    independently record its subjective satisfaction upon relevant

    material; the ordinary criminal process and preventive detention

    are not mutually exclusive; preventive detention cannot be

    employed merely as a substitute for criminal prosecution; and

    judicial review remains confined to examining the legality of the

    decision-making process without substituting the Court’s own

    satisfaction for that of the statutory authority.

    93. The rival submissions advanced before this Court

    must, therefore, be examined not by treating individual

    observations occurring in isolated judgments as statutory
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    commands, but by applying the cumulative principles emerging

    from the aforesaid authorities to the statutory framework of the

    Bihar Control of Crimes Act, 2024 and to the facts disclosed by

    the record in the present case.

    94. Applying the aforesaid principles, the first question

    requiring determination is whether the materials placed before the

    District Magistrate were capable of satisfying the jurisdictional

    requirement contemplated under Section 2(b) of the Bihar Control

    of Crimes Act, 2024. This necessarily requires an examination of

    the nature of the criminal cases relied upon, the stage at which

    they stood, the relevance of the Sanha entries, the charge-sheets

    submitted before the passing of the detention order and the

    cumulative impact of such material upon the formation of the

    detaining authority’s subjective satisfaction.

    95. Having interpreted the scope of Section 2(b) and

    examined the principles emerging from the judicial precedents

    relied upon by the parties, this Court now proceeds to examine

    whether the material placed before the District Magistrate was

    sufficient to satisfy the jurisdictional requirement contemplated

    under the Act. The legality of the impugned detention order must

    ultimately be tested not on abstract principles but on the basis of

    the material which actually existed before the detaining authority
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    on the date when the order came to be passed.

    96. The detention order discloses that the subjective

    satisfaction of the District Magistrate was founded upon multiple

    criminal cases registered against the petitioner, the status of

    investigation in those cases, the charge-sheets submitted in several

    of them, the police dossier forwarded by the sponsoring authority

    and other contemporaneous materials depicting the petitioner’s

    continuing activities. The Court must therefore examine whether

    these materials, considered cumulatively, were capable of

    supporting the satisfaction recorded under Section 2(b).

    97. It is evident from the record that the detaining

    authority did not rely upon a solitary criminal case or an isolated

    incident. The materials considered by the authority disclose

    multiple criminal cases extending over a period of time. The

    significance of such material lies not merely in the number of

    cases but in the pattern of conduct emerging therefrom. Preventive

    detention proceeds upon the assessment of continuing activities

    and not upon the adjudication of individual criminal liability.

    98. A substantial part of the material relied upon by the

    respondents consists of criminal cases in which investigation had

    progressed to the stage of submission of charge-sheets before the

    competent criminal courts. While submission of a charge-sheet
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    cannot be equated with proof of guilt, it nevertheless indicates that

    the investigating agency found sufficient material to place the

    accused on trial. The detaining authority was therefore justified in

    treating such cases as relevant material while evaluating the

    petitioner’s continuing activities.

    99. Certain criminal cases relied upon in the grounds of

    detention were admittedly under investigation on the date of the

    detention order. Such cases, standing alone, may not conclusively

    establish the statutory requirement. Nevertheless, where they form

    part of a larger body of material depicting continuous criminal

    conduct, their consideration cannot be regarded as wholly

    irrelevant. The legality of the detention order must therefore be

    assessed upon the cumulative effect of the entire material rather

    than by isolating individual incidents.

    100. Similar is the position regarding the Sanha entries

    referred to in the detention record. Standing independently, such

    entries cannot constitute substantive proof of criminal conduct.

    However, the detention order does not indicate that preventive

    detention was founded exclusively upon those entries. They

    appear to have been noticed only as corroborative circumstances

    accompanying the criminal cases already registered against the

    petitioner. Their limited consideration for such purpose cannot, by
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    itself, invalidate the subjective satisfaction.

    101. The argument advanced by the petitioner proceeds

    substantially upon an individual examination of each criminal

    case. Preventive detention, however, proceeds upon an assessment

    of the cumulative impact of the materials placed before the

    detaining authority. The question is not whether each individual

    case independently justifies detention, but whether all the

    materials viewed together disclose a continuing course of conduct

    bringing the detenue within the statutory definition contained in

    Section 2(b).

    102. Viewed from the aforesaid perspective, this Court

    is unable to accept the submission that the District Magistrate

    founded the detention order merely upon pending investigations or

    unverified allegations. The record demonstrates that the authority

    considered the criminal antecedents in their entirety, including the

    status of investigation, the charge-sheets submitted, the police

    reports and the overall pattern of conduct attributed to the

    petitioner before arriving at the requisite subjective satisfaction.

    103. The Court is therefore unable to hold that the

    jurisdictional fact contemplated under Section 2(b) was absent on

    the date the detention order came to be passed. The materials

    placed before the District Magistrate were capable of supporting
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    the statutory satisfaction required under the Act. Whether such

    allegations ultimately culminate in conviction is a matter falling

    within the jurisdiction of the competent criminal court and has no

    bearing upon the limited enquiry undertaken in these proceedings.

    Whether the activities attributed to the petitioner were

    prejudicial to the maintenance of public order

    104. Satisfaction of the definition of an “anti-social

    element” under Section 2(b), by itself, does not automatically

    justify preventive detention. The competent authority must further

    be satisfied that the activities attributed to such person are

    prejudicial to the maintenance of public order and that preventive

    detention has become necessary to prevent their recurrence. These

    constitute distinct statutory requirements which must

    independently exist before the extraordinary power of preventive

    detention can be exercised.

    105. The petitioner has contended that the allegations

    disclosed in the criminal cases relied upon by the respondents

    relate, at their highest, to ordinary criminal offences capable of

    being dealt with under the ordinary criminal law. According to the

    petitioner, none of the incidents demonstrates disturbance of

    public order and, therefore, invocation of the preventive detention

    law is legally unsustainable.

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    106. The submission undoubtedly deserves careful

    consideration. Constitutional courts have consistently recognised

    that every criminal offence does not necessarily affect public

    order. An act may violate the penal law and yet remain confined to

    the realm of law and order. Preventive detention becomes

    permissible only where the conduct possesses a wider impact

    upon the community so as to disturb the even tempo of public life.

    107. In the present case, the detention order records that

    the activities attributed to the petitioner were not viewed as

    isolated criminal incidents but as forming part of a continuing

    pattern allegedly creating fear amongst the residents of the

    locality, affecting normal public life and generating an atmosphere

    of insecurity. The District Magistrate has specifically recorded that

    despite registration of several criminal cases, the activities

    continued unabated, leading to the conclusion that recourse to the

    ordinary criminal process had not proved sufficient to prevent

    their recurrence.

    108. While this Court does not independently assess the

    truthfulness of each allegation contained in the criminal cases, the

    material before the detaining authority cannot be

    compartmentalised by examining each incident in isolation. The

    authority was entitled to consider the cumulative effect of the
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    criminal antecedents together with the surrounding circumstances

    while evaluating their impact upon public order.

    109. Learned Senior Counsel has urged that the alleged

    incidents primarily concern offences against identified individuals

    and therefore remain within the sphere of law and order. Such

    submission, however, overlooks that the distinction between law

    and order and public order is one of degree and effect rather than

    of the nature of the offence alone. Repeated criminal activities,

    though individually directed against particular persons, may

    nevertheless disturb public order where their cumulative impact

    generates widespread fear, insecurity or disruption of normal

    community life.

    110. The Court is conscious that preventive detention

    cannot be justified merely because criminal offences have been

    alleged. Equally, where the cumulative impact of the activities

    attributed to the proposed detenue is perceived by the competent

    authority to create an atmosphere of fear affecting the normal life

    of the community, the matter legitimately enters the domain of

    public order. The distinction is one of degree and societal impact

    rather than merely of the penal provisions invoked in individual

    criminal cases.

    111. Having examined the detention order together with
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    the materials forming part of the record, this Court is unable to

    hold that the detaining authority proceeded upon an erroneous

    understanding of the concept of public order. The satisfaction

    recorded is founded not merely upon the existence of criminal

    cases but upon the perceived impact of the petitioner’s continuing

    activities upon the maintenance of public order within the locality

    concerned.

    112. Whether another view on the same material may

    also have been possible is not the question before this Court.

    Judicial review does not authorise substitution of the Court’s own

    assessment for the subjective satisfaction of the statutory

    authority. Once the relevant material bears a rational nexus with

    the formation of the satisfaction recorded by the District

    Magistrate and no legal infirmity is demonstrated in the decision-

    making process, interference would exceed the permissible limits

    of judicial review.

    113. This Court is, therefore, satisfied that the challenge

    founded upon the alleged absence of material relating to public

    order does not merit acceptance. The material considered by the

    detaining authority was capable of supporting the satisfaction that

    the petitioner’s continuing activities had transcended the sphere of

    ordinary law and order and had assumed dimensions prejudicial to
    Patna High Court CR. WJC No.311 of 2026 dt.06-08-2026
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    the maintenance of public order within the meaning of the Act.

    114. Learned Senior Counsel appearing for the

    petitioner has next contended that the impugned detention order is

    vitiated on account of complete non-application of mind. It has

    been argued that the District Magistrate merely reproduced the

    proposal submitted by the sponsoring authority without

    independently examining the material placed before him, thereby

    rendering the exercise of power under the Act legally

    unsustainable.

    115. The submission cannot be accepted merely because

    the detention order refers to the proposal submitted by the police

    authorities. Under the statutory scheme governing preventive

    detention, the sponsoring authority is required to place before the

    detaining authority all relevant materials forming the basis of the

    proposal. Consideration of such materials by the District

    Magistrate is, therefore, not only permissible but forms an integral

    part of the decision-making process. The decisive question is

    whether the District Magistrate independently arrived at the

    requisite subjective satisfaction or merely acted as a rubber stamp.

    116. A careful reading of the detention order

    demonstrates that the District Magistrate has referred to the

    criminal antecedents of the petitioner, the nature of the allegations,
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    the status of the criminal cases, the surrounding circumstances and

    the perceived impact of the petitioner’s activities upon public

    order before recording the satisfaction contemplated under the

    Act. The order is not a verbatim reproduction of the police

    proposal but reflects consideration of the material placed before

    the authority.

    117. The fact that the District Magistrate ultimately

    concurred with the recommendation of the sponsoring authority

    does not, by itself, establish absence of independent application of

    mind. Agreement with a proposal after due consideration of the

    relevant materials cannot be equated with mechanical acceptance.

    What the law prohibits is abdication of statutory discretion, not

    concurrence based upon independent evaluation.

    118. Judicial review in matters of preventive detention

    does not extend to reassessing the sufficiency of the material

    which persuaded the detaining authority. The Court is concerned

    with the legality of the decision-making process and with the

    existence of material having a rational nexus with the satisfaction

    recorded. Once it is demonstrated that the authority examined

    relevant material and exercised its own judgment, the Court

    cannot invalidate the detention merely because another view on

    the same material may also have been possible.

    Patna High Court CR. WJC No.311 of 2026 dt.06-08-2026
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    119. The petitioner has also failed to identify any

    relevant document which was ignored by the District Magistrate

    or any extraneous circumstance which influenced the decision-

    making process. In the absence of such material, the allegation of

    mechanical exercise of power remains a mere assertion

    unsupported by the detention record.

    120. In the present case, nothing has been brought on

    record to indicate that the District Magistrate ignored any material

    circumstance, relied upon extraneous considerations or acted

    under the dictation of any other authority. The challenge founded

    upon alleged non-application of mind is, therefore, unsupported

    by the record.

    121. The Court is consequently satisfied that the

    subjective satisfaction recorded by the District Magistrate cannot

    be characterised as arbitrary, mechanical or without jurisdiction.

    The decision-making process discloses due consideration of the

    relevant materials before the extraordinary power of preventive

    detention came to be exercised.

    Validity of the second detention order and the scope of

    Section 12 of the Bihar Control of Crimes Act, 2024

    122. The petitioner has further questioned the legality of

    the subsequent detention order passed under Section 12 of the Act.
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    According to the petitioner, once the earlier detention order had

    exhausted its legal force, the District Magistrate lacked authority

    to continue the detention in the absence of a fresh and independent

    exercise of statutory power. It is contended that the subsequent

    order is merely a continuation of the earlier order and is therefore

    liable to be set aside.

    123. The respondents, on the other hand, contend that

    the subsequent order was passed strictly in accordance with the

    statutory scheme after obtaining the requisite approval and upon

    consideration of the material then available before the competent

    authority. According to the respondents, the subsequent order

    constitutes an independent exercise of statutory power and cannot

    be treated as a mere mechanical extension of the earlier detention.

    124. The controversy, therefore, is not whether the

    petitioner continued to remain in custody, but whether the

    statutory requirements governing the exercise of power under

    Section 12 stood satisfied. The answer to this question must be

    found from the language of the statute, the Government

    notification, and the record relating to the decision-making

    process.

    125. Section 12 of the Act contemplates the exercise of

    power by the competent authority in accordance with the
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    procedure prescribed under the statute. The provision must be

    construed harmoniously with the remaining provisions governing

    approval by the State Government, consideration by the Advisory

    Board and the constitutional safeguards embodied in Article 22 of

    the Constitution. The legislative object is to ensure that preventive

    detention continues only so long as the statutory conditions

    remain fulfilled.

    126. The scheme of Section 12 indicates that the

    Legislature has distributed the power of preventive detention

    between the State Government and the District Magistrate. While

    the substantive power originates from the statute itself, the District

    Magistrate may exercise such power only when authorised by the

    State Government in the manner contemplated under Section

    12(2). The authority exercised by the District Magistrate is

    therefore neither inherent nor uncontrolled, but entirely statutory.

    Consequently, the validity of the subsequent order dated

    06.06.2026 depends upon whether, on the date of its issuance, the

    District Magistrate continued to possess the statutory authority

    conferred by the notification issued under Section 12(2), and

    whether the statutory conditions precedent for exercise of such

    power were independently satisfied.

    127. It is well settled that the legality of a subsequent
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    detention order cannot be examined in isolation. The Court is

    required to ascertain whether the competent authority possessed

    jurisdiction to pass the order, whether the statutory preconditions

    existed on the date of its issuance, whether relevant material was

    considered and whether the procedural safeguards prescribed

    under the Act were observed. If these requirements are satisfied,

    the mere fact that the order follows an earlier detention does not,

    by itself, render it invalid.

    128. The Notification dated 24.03.2026 assumes

    significance in the present controversy. The notification indicates

    the source of authority under which the District Magistrate

    exercised the power in question. The validity of the impugned

    order must therefore be examined in the light of the authority

    conferred by the said notification together with the provisions of

    the Act. Unless the notification is shown to be contrary to the

    statute or beyond the power conferred thereunder, the exercise of

    jurisdiction cannot be invalidated merely because the power was

    exercised pursuant to such authorisation.

    129. The record does not disclose that the District

    Magistrate acted in excess of the authority conferred by the statute

    or by the notification issued thereunder. On the contrary, the

    material indicates that the order was passed after compliance with
    Patna High Court CR. WJC No.311 of 2026 dt.06-08-2026
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    the statutory procedure contemplated by the Act. No jurisdictional

    defect has been demonstrated which would justify interference in

    exercise of the writ jurisdiction of this Court.

    130. The submission that the subsequent detention order

    is merely a continuation of the earlier order also does not

    commend acceptance. The legality of each detention order must

    necessarily be tested on the basis of the material and statutory

    satisfaction existing on the date on which that order came to be

    passed. Where the competent authority independently considers

    the relevant material and records the satisfaction required by law,

    the subsequent order cannot be invalidated solely because an

    earlier order had preceded it.

    131. This Court is, therefore, unable to hold that the

    exercise of power under Section 12 suffers from lack of

    jurisdiction, procedural illegality or non-compliance with the

    statutory safeguards. The challenge to the subsequent detention

    order consequently fails.

    132. The conclusions reached by this Court may be

    summarised thus:

    (a) The challenge to the petitioner’s classification as an

    “anti-social element” under Section 2(b) of the Bihar Control

    of Crimes Act, 2024 is devoid of merit.

    Patna High Court CR. WJC No.311 of 2026 dt.06-08-2026
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    (b) The materials relied upon by the District Magistrate

    were relevant for the purpose of forming the subjective

    satisfaction contemplated under Section 12 of the Act.

    (c) The distinction between “law and order” and “public

    order” was duly borne in mind by the detaining authority, and

    the impugned order cannot be characterised as one founded

    merely upon ordinary criminal antecedents.

    (d) The allegation of non-application of mind has not been

    substantiated from the detention record.

    (e) The petitioner’s representations were duly considered in

    compliance with Article 22(5) of the Constitution and the

    provisions of the Act.

    (f) The challenge to the subsequent detention order on the

    ground of lack of jurisdiction is equally without substance.

    133. In view of the foregoing discussion, this Court is

    satisfied that the impugned orders do not suffer from any

    jurisdictional error, procedural illegality or constitutional infirmity

    warranting interference in exercise of the extraordinary

    jurisdiction under Article 226 of the Constitution of India.

    134. For all the reasons recorded hereinabove, this Court

    finds no merit in any of the challenges advanced on behalf of the

    petitioner. Neither the initial detention order nor the subsequent
    Patna High Court CR. WJC No.311 of 2026 dt.06-08-2026
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    order dated 06.06.2026 is shown to suffer from any jurisdictional

    infirmity, violation of the statutory safeguards or infraction of the

    constitutional guarantees governing preventive detention. The writ

    petition is, accordingly, dismissed.

    135. There shall, however, be no order as to costs.

    (Bibek Chaudhuri, J)

    Rana Vikram Singh, J : I Agree

    ( Rana Vikram Singh, J)
    uttam/-

    AFR/NAFR                NAFR
    CAV DATE                23.07.2026
    Uploading Date          06.08.2026
    Transmission Date       06.08.2026
     



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