Bhikhan Ganjhu @ Bhikanjee @ Deepak … vs The State Of Jharkhand on 10 April, 2026

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    Jharkhand High Court

    Bhikhan Ganjhu @ Bhikanjee @ Deepak … vs The State Of Jharkhand on 10 April, 2026

    Author: Sujit Narayan Prasad

    Bench: Sujit Narayan Prasad, Sanjay Prasad

                                                                    2026:JHHC:10405-DB
    
    
    
           IN THE HIGH COURT OF JHARKHAND AT RANCHI
                           W.P (Cr.) (DB) No.740 of 2025
     Bhikhan Ganjhu @ Bhikanjee @ Deepak Kumar @ Neta Jee, aged about 44
     years, Son of Late Bandhu Ganjhu, Resident of Village-Bijain, PO-Bahera, P.S-
     Piparwar, District-Chatra, Jharkhand.            .................. Petitioner
                                               Versus
    1. The State of Jharkhand.
    2. Secretary, Department of Home, Jharkhand Government, Project Building,
       Dhurwa, PO & PS-Dhurwa, District-Ranchi.
    3. Under Secretary, Home, Jail and Disaster Management Department,
       Government of Jharkhand, Project Building, Dhurwa, PO & PS-Dhurwa,
       District-Ranchi.
    4. The Deputy Commissioner cum District Magistrate, Chatra, PO and P.S-
       Chatra, District-Chatra, Jharkhand.
    5. The Superintendent of Police, P.O. and P.S.- Chatra, District Chatra,
       Jharkhand.
    6. Jail Superintendent, Birsa Munda Central Jail, Hotwar, Ranchi, PO and PS-
      Bariatu, District-Ranchi, Jharkhand.           ................ Respondents
                                             -------
      CORAM: HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD
             HON'BLE MR. JUSTICE SANJAY PRASAD
                            -------
     For the Petitioner             : Mr. Sahil, Advocate
     For the Resp-State of Jharkhand: Mr. Jai Prakash, AAG-IA
                                      Ms. Omiya Anusha, AC to AAG-IA
    
    
     C.A.V on 02.04.2026                                    Pronounced on 10/04/2026
     Per Sujit Narayan Prasad, J.
    

    1. The present writ petition has been filed under Article 226 of the

    Constitution of India initially for the following reliefs:

    SPONSORED

    “That in the instant writ application the petitioner prays for issuance
    of a writ of or in the nature of certiorari for quashing of the order
    dated 06.10.2025 (Annexure- 1) vide letter no. 1063 passed by learned
    Deputy Commissioner cum District Magistrate, Chatra (respondent
    no. 4) whereby and whereunder order has been passed for preventive
    detention of the petitioner for the period of 12 months using the power
    conferred u/s 12(1) and (2) of Jharkhand Control of Crimes Act, 2002
    without giving any opportunity to the petitioner as well as all the steps
    taken by the concerned respondents pursuant to order dated
    06.10.2025 (Annexure- 1) passed by learned Deputy Commissioner
    cum District Magistrate, Chatra (respondent no. 4).

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    AND/OR

    The petitioner further prays for issuance of a writ of or in the nature
    of Mandamus commanding upon the respondents to restrain from
    passing such unconstitutional orders depriving the right to life and
    liberty of the petitioner.

    AND/OR

    For issuance of such other writ(s)/order(s)/direction(s) as Your
    Lordships may deem fit and proper in the facts and circumstances of
    the case.”

    2. Thereafter, an amended writ petition has been filed on behalf of the

    petitioner by way of an interlocutory application being I.A No.1677 of 2026

    which was allowed by this Court vide order dated 18.02.2026 and the following

    prayers have been made in the said amended petition:

    “That in the instant writ application the petitioner prays for issuance
    of a writ of or in the nature of certiorari for quashing of the order
    dated 06.10.2025 (Annexure-1) vide letter no. 1063 passed by learned
    Deputy Commissioner cum District Magistrate, Chatra (respondent
    no. 4) whereby and whereunder order has been passed for preventive
    detention of the petitioner for the period of 12 months using the power
    conferred u/s 12(1) and (2) of Jharkhand Control of Crimes Act, 2002
    without giving any opportunity to the petitioner as well as all the steps
    taken by the concerned respondents pursuant to order dated
    06.10.2025 (Annexure-1) passed by learned Deputy Commissioner
    cum District Magistrate, Chatra (respondent no. 4).

    AND/OR

    For issuance of the writ in the nature of the certiorari for quashing
    the order dated 5.12.2025 whereby the earlier order of the detention
    of the petitioner dated 6.10.2025 has been confirmed and the
    petitioner has been ordered to detained for three months from
    6.10.2025 till 5.01.2026.

    AND/OR

    For the issuance of the writ in the nature of the Certiorari for quashing
    the order dated 31.12.2025 whereby the period of detention of the
    petitioner has been further extended for a period of three months from
    6.01.2026 till 5.04.2026.

    AND/OR

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    The petitioner further prays for issuance of a writ of or in the nature
    of Mandamus commanding upon the respondents to restrain from
    passing such unconstitutional orders depriving the right to life and
    liberty of the petitioner.

    AND/OR

    For issuance of such other writ(s)/order(s)/direction(s) as Your
    Lordships may deem fit and proper in the facts and circumstances of
    the case.”

    Factual Aspect:

    3. The factual aspect which has been pleaded in the writ petition are as

    follows:

    i. The petitioner is a small contractor who has been labeled as the

    zonal commander of TSPC, a banned extremist organization and the

    local authorities in connivance with the respondents have lodged

    several false cases and have implicated the petitioner in the said cases

    without any evidence and it will be relevant to mention that in most

    of the cases the petitioner has been granted the privilege of regular

    bail by this Hon’ble Court.

    ii. The respondent no. 4 solely on the basis of the said false cases

    has passed an order dated 06.10.2025, vide memo no.

    1063(Annexure-1) for preventive detention of the petitioner for a

    period of 12 months without hearing and without giving any

    opportunity to the petitioner which is contrary to the provisions of

    section 12(1) and (2) of the Jharkhand Crime Control Act,

    2002(hereinafter to be referred as Act of 2002).

    iii. Respondent no. 3 vide order dated 05.12.2025(Annexure-2),

    confirmed the order of detention dated 06.10.2025 and extended the

    detention of the petitioner from 06.10.2025 to 05.01.2026.

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    iv. Further, respondent vide order dated 31.12.2025(Annexure-3),

    extended the detention of the petitioner for three months from

    06.01.2026 to 05.04.2026.

    v. It is the case of the petitioner that the respondent no. 4 by passing

    the order dated 06.10.2025, vide letter no 1063 has curtailed and

    denied of his right to life of the petitioner which has been awarded to

    him by the Constitution, and taking away or denial of the same is

    violation of Article 21 of the Constitution of India.

    vi. Simply registration of police case under several section and acts

    is not sufficient to take away the freedom of the petitioner who is

    behind the bar since 17.03.2022 and the same does not justify the

    fastening of label upon the petitioner of being an anti-social element.

    vii. The act and action on the part of the respondents by passing the

    order of preventive detention against the petitioner is illegal, invalid

    and not sustainable in the eyes of laws as the petitioner was not given

    ample opportunity of putting his defense before passing any order.

    viii. The respondent no.4 has passed an order for preventive

    detention of the petitioner for 12 months which is absolute illegally,

    unconstitutionally and without jurisdiction.

    4. Being aggrieved with the aforesaid order of detention, its confirmation

    and orders of extension of detention, the present writ petition has been

    preferred.

    Submission on behalf of the writ petitioner:

    5. Mr. Sahil, the learned counsel appearing for the petitioner has taken

    the following grounds in assailing the impugned order:

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    i. It has been contended that the petitioner has been illegally detained

    on the false allegation as the impugned order has been passed by the

    same authority without any addition of any criminal case.

    ii.It has been contended that the act of the respondents in passing the

    impugned detention order under the provisions of section 12(2) of

    the Jharkhand Crime Control Act is improper as Section 12(2) of

    Jharkhand Crime Control Act,2002, provides that detention order in

    the first instance shall not exceed three months, but, respondent no.4

    has passed the impugned order of preventive detention of the

    petitioner for 12 months, which is illegal and unconstitutional.

    iii.As per the settled principle of law, order for preventive detention can

    be passed against a person only for a maximum period of three

    months at the first instance but the respondents without considering

    the law have passed the impugned order which is illegal and fit to be

    set aside.

    iv.On going through the law as envisaged under section 12(2) of the

    Jharkhand Crime Control Act, 2002 it is evident that the respondent

    no. 4 has not only violated the law but also has taken away the

    constitutional rights of the petitioner as guaranteed under the

    Constitution of India by passing such order.

    v.It has been contended that the act of the respondents in passing the

    impugned order under the provisions of section 12(2) of the

    Jharkhand Crime Control Act, has not taken into consideration that

    mere registration of police case under several sections, is not

    sufficient to take away the freedom of the petitioner who is behind

    the bar since 17.03.2022.

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    vi.It has been contended that out of 64 FIRs mentioned in the detention

    order dated 06.10.2025, petitioner has been acquitted in most of the

    cases and in several cases, petitioner has been enlarged on bail, but

    this fact has been ignored by the detaining authority.

    vii.It has been contended that respondents have passed the impugned

    detention order under the provisions of section 12(2) of the

    Jharkhand Crime Control Act, 2002, without subjective satisfaction

    and a mere reference to criminal cases registered against the

    petitioner, without any independent analysis or assessment of their

    relevance to public order, demonstrates a non-application of mind.

    viii.It has been contended that the detention order is based upon non-

    application of mind by detaining authority as it acted mechanically

    under a delegated power in violation of the settled law as laid down

    in the case of Pesala Nookaraju vs. The Government of Andhra

    Pradesh& Ors., 2023 INSC 734 and Bachubhai Mansukhbhai

    Bhavsar vs. The Commissioner of Police and another,1981 SCC

    Online Guj 117.

    ix.The learned counsel appearing for the petitioner, based upon

    the aforesaid grounds, has submitted that the impugned order,

    therefore, needs interference by this Court.

    Submission on behalf of the Respondent-State:

    6. Per contra, Mr. Jai Prakash, the learned AAG-IA appearing for

    the respondent-State to defend the impugned order has raised the

    following grounds:

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    i.It has been contended that the impugned detention order is

    issued under the provision of section 12(2) of Jharkhand Crime

    Control Act, 2002 as the petitioner is a notorious criminal having

    many criminal antecedents of serious nature. The petitioner is the

    zonal commander of the militant organization TSPC and his main

    profession is to collect extortion money from coal traders and other

    contractors under the umbrella of the banned militant organization

    TSPC and not only that he extorts people of the locality under fear of

    life, several cases of arson, damage to public property, Arms Act,

    CLA Act, UAP Act, murder due to militant activity have been

    registered against him and, as such, the present writ petition is not

    maintainable in the law as well as on facts.

    ii.It has been contended that prior to issuance of detention order the

    petitioner has been given reasonable opportunity to defend

    himself and, as such, the orders impugned are in accordance

    with law which requires no interference.

    iii.It has been contended that the petitioner is habitual offender and he

    is having more than 60 cases of Arms Act, CLA, UAPA including

    major sections of IPC out of which two matters are being investigated

    by NIA and number of Sanhas are also there against the petitioner.

    As per the intelligence input received, the petitioner is having deep

    root in organized crime and in connivance with his other associates

    of banned extremist organization and on his instructions his

    associates used to take levy from the local people, transporters and

    businessman. As such, the orders of extension of detention have been

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    passed and further there is strong possibility of conviction of the

    petitioner in the said cases.

    iv.It has further been contended that there is possibility that when the

    petitioner comes out from the detention he may involve in the illegal

    and unlawful activity with his associates, since, he has been history

    of antecedent, thus, the detention order is fully justified in order

    to maintain public order within the district concerned.

    v.It has been contended that Barkagaon PS Case No.45 dated

    22.03.2026 was registered under Arms Act against various persons

    in which the arrested persons were interrogated and they said that

    they are members of banned militant organization TSPC and they are

    in contact with the present petitioner who is currently in jail and by

    the weapons provided by the petitioner, they are spreading terror.

    v.It has been contended that it was necessary to extend preventive

    detention of petitioner in order to control organized crime in the

    locality as well as in order to reduce the intensity of same.

    vi.It has further been submitted that contention of the petitioner that in

    the first instance detention order cannot exceed 3 months as

    mentioned in section 12 of the Jharkhand Control of Crimes Act, is

    misconstrued as said provision has got no relevance to the period of

    detention rather it talks about the delegation of power by the State

    Government to District Magistrate and that delegation in the first

    instance cannot exceed three months.

    vii.It has been contended that at first occasion detention order was

    confirmed after obtaining report from Advisory Board and thereafter

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    on requisition given by the competent authority the same has been

    extended for a period of 3 months vide order dated 05.12.2025 for a

    period 06.10.2025 to 5.01.2026 in accordance with provision laid

    down under section 21(1) and section 22 of Jharkhand Control of

    Crimes Act, 2002.

    viii. It has been further contended that as per maximum permissible

    detention under section 22 of the Act being 12 months from the date

    of detention, the continuation of detention to that limit is statutorily

    sanctioned and, hence, the impugned detention order was lastly

    extended vide order dated 31.12. 2025 for a period of 3 months from

    06.01.2025 to 05.04.2026.

    7. The learned State counsel, based upon the aforesaid grounds, has

    submitted that the impugned orders, thus, need no interference and the

    present writ petition is fit to be dismissed.

    Analysis:

    8. We have heard the learned counsel appearing for the parties and

    gone through the pleadings made in the writ petition along with the

    relevant documents annexed therewith.

    9. In the backdrop of the aforesaid factual aspect the following

    issues require consideration herein:

    i.Whether the criminal activities of petitioner come under the
    purview of definition of ”Anti-social Elements” as defined
    under section 2(d) of the Jharkhand Control of Crimes Act,
    2002?

    ii.Whether the recommendation of the District Magistrate for
    detaining the detenue for period of 12 months, is in violation
    of section 12(2) of the Act of 2002?

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    iii.Whether acquittal and grant of bail to the detenue/petitioner
    in some cases is ground for his release from the preventive
    detention passed under 12(2) of the Jharkhand Control of
    Crimes Act, 2002
    ?

    Re: First issue

    10. But, before considering the first issues, the statutory provision

    as contained under the Jharkhand Control of Crimes Act,2002 needs to be

    referred herein.

    11. The relevant provisions which require consideration herein are

    Section 2(d) and Section 12 of the Jharkhand Control of Crimes, 2002,

    (referred herein as Act 2002).

    12. “Anti-social Element” has been defined in section 2(d) of the Act

    of 2002, which reads hereunder as: –

    ” 2(d) Anti-social element” means a person who-

    (i) 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 or Chapter XVII of the
    Indian Penal Code;or

    (ii) habitually commits or abets the commission of offences under
    the Suppression of Immoral Traffic in Women and Girls Act, 1956;

    or

    (iii) who 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
    communities; or

    (iv) has been found habitually passing indecent remarks to, or
    teasing women or girls; or

    (v)who has been convicted of an offence under sections 25,26, 27,
    28 or 29 of the Arms Act of 1959.”

    13. From perusal of Section 2(d) of the Jharkhand Crime Control

    Act, 2002, it is evident that “anti-social element” is a person who

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    habitually commits or abets offenses listed in Chapters XVI or XVII of

    the Indian Penal Code, or certain other specific crimes. It needs to refer

    herein that this definition requires a pattern of behaviour, not isolated

    incidents, and aims to identify individuals whose acts cause alarm or terror

    among the public, warranting preventive detention to maintain public

    order.

    14. It requires to refer herein that the Act of 2002 was meant to make

    special provisions for the control and suppression of anti-social elements

    with a view to maintenance of public order. It also needs to refer herein

    that the “Law and Order” problems typically affect only individuals or

    small groups, whereas “public order” disruptions affect the community’s

    normal functioning on a broader scale often generating fear or anxiety

    among the general public.

    15. It is pertinent to mention herein that the primary element with

    respect to Section 2(d)(i) of the Act of 2002 seems to be the word

    “habitual”. It would thus mean that a person who is frequently engaged in

    committing or attempting or abating commission of an offence in terms of

    Chapter XVI or Chapter XVII of the Indian Penal Code would be an anti-

    social element. In this context, we may refer to the case of Vijay Narayan

    Singh Vs. State of Bihar reported in (1984) 3 SCC 14 wherein the word

    “habitually” has been sought to be enumerated in the following manner:

    “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 antisocial 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
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    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
    subclause (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 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 subclause (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), subclause (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

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    “anti-social element”. A single act or omission falling under
    subclause (i) and a single act or omission falling under sub-
    clause (iv) of Section 2(d) cannot, therefore, be characterized
    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.”

    16. Thus, from the aforesaid it is evident that if a person is not an

    antisocial element, he cannot be detained under the Act of 2002. 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. 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. Further the expression “habitually” means “repeatedly” or

    “persistently”. It implies a thread of continuity stringing together similar

    repetitive acts. Repeated, persistent and similar, but not isolated,

    individual and dissimilar acts are necessary to justify an inference of habit.

    17. It requires to refer herein that Section 12 of the Act contains the

    word “anti-social” which qualifies the section 12 of Act 2002 for passing

    the order of detention of any individual or others. Section 12 of the Act is

    the initiation of the process of detaining a person under the Act, for ready

    reference the same is being quoted herein, which reads as under-

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    “12. Power to make order detaining certain persons. – The State
    Government may- (1) if satisfied with respect to any person that
    with a view to preventing him from acting in any manner
    prejudicial to the maintenance of public order and there is reason
    to fear that the activities of anti-social elements cannot be
    prevented otherwise than by the immediate arrest 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 powers 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 three 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 not exceeding
    three 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 17 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.”

    18. Thus, from the perusal of Section 12 of the Act of 2002, it is

    evident that power to make orders detaining certain persons are provided

    in section 12 of the Jharkhand Control of Crimes Act, 2002. Section

    12(1) provides that if State Government is satisfied with respect to any

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    person that with a view to preventing him from acting in any manner

    prejudicial to the maintenance of public order and there is reason to fear

    that the activities of anti-social elements cannot be prevented otherwise

    than by the immediate arrest of such person, make an order directing that

    such anti-social element be detained.

    19. Hence, section 12(1) of the Act empowers the State Government

    to detain anti-social element if there is reason to fear that the activities of

    anti-social elements cannot be prevented otherwise than by the immediate

    arrest of such person. The anti-social element has been defined in Section

    2(d) of the Jharkhand Control of Crimes Act, 2002 and section 2(d)(i) of

    the Act provides that “Anti-social Element” means a person who either by

    himself or as a member of or leader of gang habitually commits, or

    attempts to commit or abets the commission of offences punishable under

    Chapter XVI or Chapter XVII of the Indian Penal Code.

    20. In the backdrop of the aforesaid settled position of law this Court

    is now, reverting to the first issue whether the criminal activities of

    petitioner come under the purview of definition of “Anti-social Elements”

    as defined under section 2(d) of the Jharkhand Control of Crimes Act,

    2002.

    21. On going through the impugned detention order dated

    06.10.2025 (Annexure-1) wherein involvement of the petitioner

    in 64 criminal cases is mentioned, this Court finds that impugned

    detention order was passed by the respondent no.4- the Deputy

    Commissioner-cum-District Magistrate, Chatra, on the recommendations

    made by the Superintendent of Police, Chatra vide letter no. 576/DCB

    dated 08.09.2025.

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    22. We find from the impugned detention order dated 06.10.2025

    (Annexure-1) that the following FIRs have been registered against the

    detenue/petitioner in different police stations of Chatra, Lathar,

    Hazaribagh, Ramgarh and Ranchi district of Jharkhand-

    Chatra District:

    1. Piparwar PS Case No.66/2022 dated 26.12.2022 under
    sections 385/387/120B/34 IPC and under sections 25(1-A), 25 (1-B)
    a/26/35 of Arms Act and Section 17 CLA Act;

    2. Piparwar PS Case No.63/2022 dated 15.12.2022 under
    sections 384/385/ 386/387/504/506/34 of the IPC, Section 27 of the
    Arms Act and Section 17 CLA Act;

    3. Piparwar PS Case No.5/2021 dated 16.1.2021 under sections
    386
    /387/120B/34 of the IPC, Section 25 (1-B) a/26/35 of Arms Act
    and Section 17(i) (ii) CLA Act;

    4. Piparwar PS Case No.47/2020 dated 14.12.2020 under sections
    386
    /387/120B/414/34 of the IPC, and Section 17(i) (ii) CLA Act;

    5. Piparwar PS Case No.38/2020 dated 30.09.2020 under
    sections 147/148/149/353/307/325/333 of the IPC, and Section 17(i)

    (ii) CLA Act;

    6. Piparwar PS Case No.36/2019 dated 15.09.2019 under sections
    385
    /386/387/120B of the IPC, Section 17(i) (ii) CLA Act and
    Section 16/17/20/23 of UAP Act;

    7. Piparwar PS Case No.70/2018 dated 01.11.2018 under
    sections 174A of the IPC;

    8. Piparwar PS Case No.57/2018 dated 21.09.2018 under
    sections 25 (1-B) a/26/35 of Arms Act and Section 17(i)(ii) CLA
    Act;

    9. Piparwar PS Case No.45/2017 dated 28.11.2017 under
    sections 147/148/149/302/201 of IPC, Section 27 of Arms Act and
    Section 17 (i) (ii) CLA Act, Section 16/18/20 of UAP Act;

    10. Piparwar PS Case No.15/2017 dated 12.06.2017 under
    sections 147/148/149/341/342/302/323/325/326/436/427/504/506
    of IPC, Section 17 (i) (ii) CLA Act, Section 16/18/20 of UAP Act;

    16

    2026:JHHC:10405-DB

    11. Piparwar PS Case No.25 of 2015 dated 19.04.2015 under
    sections 147,148,149,302,201 of IPC and Section 27 of Arms Act;

    12. Piparwar PS Case No.17 of 2015 dated 23.03.2015 under
    sections 384/385/386/387of IPC and Section 17 (i) (ii) CLA Act;

    13. Piparwar PS Case No. 50/2009, dated 15/10/2009, section
    414
    /387/34 IPC and Section 17(i) (ii) CLA Act;

    14. Piparwar PS Case No. 29/2009 dated 08/07/2009, Sections
    147
    /148/149/342/353/387/504/506/120(B) IPC and Section 17(i) (ii)
    CLA Act;

    15. Piparwar PS Case No. 28/2009, dated 06/07/2009, sections
    387
    /353/427/506 of IPC and Section 17(i) (ii) CLA Act;

    16. Piparwar PS Case No. 25/2003, dated 01.04.2003 Section 124
    (A)
    , 17(i) (ii) CLA Act;

    17. Pathalgadda PS Case No. 35/18, 19.07.2018, section
    147
    /148/145/323/325/307/302/452/379/387//385/120(B) of IPC and
    Section 17(i) (ii) CLA Act;

    18. Sadar PS Case No. 390/17, dated 25.12.2017, Section 387/34
    IPC, 17(1) CLA Act and 16/18/20 UAPA Act;

    19. Tandwa PS Case No. 31/21, dated 05.03.2021, Section
    323
    /307/504/120(B)/34 IPC and 27 Arms Act;

    20. Tandwa PS Case No. 58/21, dated 27.04.2021, Section
    147/148/149/342/307/387/427/ IPC, Section 04 Prevention of
    Damage to Public Property Act 1984 and 17(i)(ii) CLA Act;

    21. Tandwa PS Case No. 22/2018, dated 09.02.2018, Section
    384
    /385/386/387/120(B) IPC, 20(B) NDPS Act., 17(i) (ii) CLA Act
    and 16/17/20/23 UAPA Act.

    22. Tandwa PS Case No. 90/18, dated 21.05.2018 Section 17(i)

    (ii) CLA Act;

    23. Tandwa PS Case No. 94/18, dated 24.05.2018, section
    384
    /387/34 IPC and Section 17(i) (ii) CLA Act;

    24. Tandwa PS Case No. 82/18, dated 14.05.2018, Section
    17(i)(ii) (CLA)
    Act;

    25. Tandwa PS Case No. 11/19, dated 23.01.2019, Sections
    385
    /387/120B IPC and Sections 17(i) (ii) CLA Act;

    26. Tandwa PS Case No. 52/21, dated 14.04.2021, Sections
    147
    /148/149/342/307/387/427 IPC, Sections 04 Prevention of
    17
    2026:JHHC:10405-DB

    Damage to Public Property Act 1984, Section 27(ii) Arms Act and
    Section 17(i) (ii) CLA Act;

    27. Tandwa PS Case No. 17/15, dated 01.03.2015, Sections
    324
    /307/427/34 IPC and 27 Arms Act;

    28. Tandwa PS Case No. 02/2016, dated 11.01.2016, Sections
    414
    /384/386/387/120B IPC, Section 25(1-B)a/26/35 of Arms Act
    and 17(i)(ii) of CLA Act.

    29. Tandwa PS Case No.07/17, dated 01.02.2017, Sections
    147
    /148/149/307/427 IPC, section ¾ of Explosive Substance Act, 27
    and 17(i)(ii) of CLA Act;

    30. Tandwa PS Case No. 15/21, dated 03.02.2021, section
    324
    /326/307/120B of IPC, Section 27 of Arms Act and Section 17(i)

    (ii) CLA Act;

    31. Tandwa PS Case No. 60/21, dated 05.05.2021, section 25(1-
    B) a/26/35 of Arms Act

    32. Lawalog PS Case No. 11/18, dated 15.02.2018, section 414 of
    IPC and Section 25(1-B) a/26/35 of Arms Act and Section 17(i) (ii)
    CLA Act;

    Latehar District:

    33. Balumath PS Case No. 02/2018,

    34. Balumath PS Case No. 96/2022,

    35. Balumath PS Case No. 124/2022, Sections 147/148/149/387
    of IPC

    36. Balumath Police Station Case No. 150/2022, Sections
    147
    /148/149/399/402/387/120B of IPC, Section 25(1-A)/25(1-B)
    /26(2) of Arms Act /35 Arms Act and Section 4/5 EXP. SUB. Act.

    37. Balumath PS Case No. 83/2022, Sections 302/120/34 IPC and
    Section 27(3) of Arms Act and Section 17 of the CLA Act;

    Hazaribagh District:

    38. Barkagaon PS Case No. 114/2017, section 385/387/34 IPC and
    Section 17CLA Act;

    39. Keredari PS Case No. 13/2019, Sections
    147
    /148/149/307/353 IPC, 25 (1-AA)/25 (1-B) a / 26(2)/27/35 Arms
    Act
    and 17 CLA Act;

    18

    2026:JHHC:10405-DB

    40. Keredari PS Case No.27/2017, Sections 147/ 148/ 149/ 307/
    302/120B IPC, 27 Arms Act and 17 CLA Act;

    41. Katkamdag PS Case No. 106/2018, Sections 386/34 IPC, 17
    CLA Act and 10/11/13 UAPA Act

    Ramgarh District:

    42. Mandu PS Case No. 115/2008, Section 147/328/448/384 IPC
    17 CLA Act

    43. Mandu PS Case No. 129/2008 Section 147/ 148/ 149/ 323/
    427/435 IPC and 17 CLA Act

    44. Patratu PS Case No. 141/2009 Section 147/148/149/342/384/
    IPC and 17 CLA Act;

    45. Patratu PS Case No. 262/2019, Section 25 (1-A)/25 (1-B) A/26

    (i)(ii)/35 Arms Act;

    46. Patratu PS Case No. 258/2019, Sections 353/387/120B/ 34 IPC

    47. Rajrappa PS Case No. 99/2012

    Ranchi District:

    48. Khalari PS Case No. 128/2022, Section 302/34 IPC 27 Arms
    Act
    ;

    49. Kanke PS Case No. 217/2021, Section 324/307/120B/34 IPC
    27 Arms Act;

    50. Kanke PS Case No. 226/2021, Sections 115/212/120B of the
    IPC, 25(1-A)/25(1AA)/25(1-B)A/25(6)/25(7)/25(8)/26/35 of the
    Arms Act, and 17 of the Criminal Law Act;

    51. Ranchi Sadar PS Case No. 116/2022, Sections 384/386/34 of
    the Indian Penal Code and 17(i)(ii) of the CLA.

    52. Khalari PS Case No 117/2006, Sections 386/353/34 of the IPC
    and 27 of the Arms Act;

    53. Khalari PS Case No 37/3002, Section 302/349 IPC

    54. Bundu PS Case No. 13/2010

    55. Khalari PS Case No. 111/2007;

    56. Khalari PS Case No.117/2007;

    57. Khalari PS Case No. 02/2002;

    58. Burmu PS Case No. 13/2010;

    19

    2026:JHHC:10405-DB

    59. Khalari PS Case No. 87/2002;

    60. Bariatu PS Case No. 52/2020, section 302/34 IPC and 27 Arms
    Act
    ;

    61. Makluskiganj PS Case No. 24/21, Sections 302/34 of the
    Indian Penal Code, 27 of the Arms Act, and 17 of the CLA Act

    62. Ratu PS Case No. 09/24, Sections 385/387/326/302/120B of
    the Indian Penal Code, 27 of the Arms Act, and 17 of CLA Act

    NIA Cases:

    63. Special NIA, Ranchi 03/18 under sections
    414
    /384/386/387/120B of IPC, Section 25(1B) a/26/35 of Arms Act,
    Sections 17 (1) (2) of CLA Act and Section 16/17/20/23 of UAPA
    Act;

    64. Special NIA, Patna 02/21, under sections
    414
    /467/468/471/474 of IPC Sections 25(1) (a) (25(1-A) (251-aa)
    25(B)a/26/29/35 of Arms Act and Section 16/17/18/18B/19 UAPA
    Act.

    Case Diary Entry No.

    65. Piparwar PS Sanha No. 18/25 dated 26.08.2025;

    66. Piparwar PS Sanha No. 11/25 dated 27.08.2025

    67. Piparwar PS Sanha No. 11/25 dated 29.08.2025

    23. Hence, from the FIRs mentioned in the impugned detention order

    dated 06.10.2025 (Annexure-1), this Court finds that 64 FIRs were

    registered against the detenue/petitioner including the two NIA cases in

    different district of Chatra, Lathar, Hazaribagh, Ramgarh and Ranchi

    across the state of Jharkhand. Further, from the aforesaid FIRs, it is also

    apparent that the crime committed by the detenue/petitioner ranges to

    murder, attempt to murder, extortion etc. and cases under Explosive

    Substance Act, Arms Act as well as under CLA Act and UAP Act have

    also been registered against the petitioner. Hence, this Court is of the view

    that detenue/petitioner is a habitual offender.

    20

    2026:JHHC:10405-DB

    24. Thus, petitioner habitually commits offences punishable under

    section Chapter XVI or Chapter XVII of the Indian Penal Code as defined

    in section 2(d)(i) of the Act.

    25. Further, the detaining authority respondent no.4 while passing

    the detention order 06.10.2025 (Annexure-1), under section 12(2) of the

    Act of 2002 was satisfied that the dentition of the petitioner was

    necessary as continuous criminal activities of the petitioner was causing

    threat to maintenance of public order.

    26. This Court, on consideration of the aforesaid factual aspect is of

    the view that the authority concerned has rightly considered that the act of

    the detenue/petitioner comes under the purview of the “Anti-social

    Elements” as stipulated under Section 2(d) of the Jharkhand Control of

    Crimes Act, 2002. This Court, therefore, is of the view that the orders of

    detention on this score need no interference.

    27. Accordingly issue no. (i) is hereby answered.

    Re: Second issue

    28. Regarding the issue whether the recommendation of the District

    Magistrate for detaining the detenue for a period of 12 months, is in

    violation of section 12(2) of the Act of 2002? Submission has been made

    by the learned counsel for the detenue/petitioner that Detaining Authority

    has at the very outset imposed the detention of 12 months, but, as per

    section 12(2) of the Act of 2002, no detention can initially exceed a period

    of three months.

    29. Section 12 of the Act of 2002, is the initiation of the process of

    detaining a person, who is an anti-social element under the Act and in the

    present case this Court on going through the impugned detention order

    21
    2026:JHHC:10405-DB

    dated 06.10.2025 (Annexure-1), finds that District Magistrate in exercise

    of power conferred on him under Section12(2) of the Act has made

    recommendation before the Government of necessity to detain the

    detenue/petitioner for a period of 12 months.

    30. But, proviso to the Section 12(2) of the Act of 2002 provides that

    period specified in an order made by the State Government under this sub-

    section shall not in the first instance exceed three months, but, the State

    Government may, if satisfied that it is necessary so to do, amend such

    order to extend such period from time to time by any period not exceeding

    three months at any one time.

    31. Hence, under section 12(2) of the Act, District Magistrate makes

    recommendation for detaining an anti-social element to the State

    Government and it is the state Government, who at the first instance has

    to pass the order of detention which shall not exceed three months at the

    first instance as per proviso provided under section 12(2) of the Act of

    2002.

    32. In the present case, it is the State Government who has initially

    passed detention order for three months i.e. from 06.10.2025 to

    05.01.2026 vide Memo No. 5/CCA/01/56/2025-416/CCA/Ranchi dated

    05.12.2025 (Annexure-2) and thereafter, further extension order was

    passed by the State Government extending the detention for further three

    months vide Memo No. 5/CCA/01/56/2025-477/CCA/Ranchi dated

    31.12.2025(Annexure-3).

    33. Hence, the submission made by the learned counsel for the

    detenue/petitioner that Detaining Authority has at the very outset imposed

    the detention of 12 months, whereas, as per section 12(2) of the Act of

    2002, no detention can initially exceed a period of three months is
    22
    2026:JHHC:10405-DB

    misconceived as detention order under the Act is passed by the State

    Government under proviso to section 12(2) which at the first instance shall

    not exceed three months and in the present case, the State Government

    while extending the period of detention vide Annexure-2 and Annexure-

    3, had never exceeded period of detention for three months at any time.

    34. Accordingly issue no. (ii) is hereby answered.

    Re: Third issue

    35. Regarding this issue i.e. whether acquittal and grant of bail to the

    detenue/petitioner in some cases is ground for his release from the

    prevention detention passed under 12(2) of the Jharkhand Control of

    Crimes Act, 2002?

    36. In the aforesaid context, learned counsel for the

    detenue/petitioner has filed rejoinder to the counter affidavit filed by the

    respondent and contended that petitioner has been acquitted in some cases

    and has been enlarged on bail in several cases and the said cases were

    relied by the detaining authority while passing the impugned order of

    detention dated 06.10.2025 (Annexure-1) and hence, detention order

    cannot be sustained.

    37. This Court finds that in the impugned detention order dated

    06.10.2025 (Annexure-1), there is reference of 64 criminal cases against

    the detenue/petitioner. On going through the rejoinder filed by the

    detenue/petitioner, this Court finds that the detenue/petitioner has been

    acquitted in some cases, in some cases he has been enlarged on bail and

    some cases are pending.

    23

    2026:JHHC:10405-DB

    38. Hence, so far as acquittal of the detenue/petitioner in some of

    the cases and his release on bail, in aforesaid pending cases is

    concerned, this Court finds that it is the subjective satisfaction of the

    Detaining Authority that inspite of his continuous activities causing

    threat to maintenance of public order and in such circumstances, based

    on the relevant materials and satisfying itself, that it would not be

    possible to control his habituality in continuing the criminal activities

    by resorting the normal procedures, the Detaining Authority had passed

    an order detaining him under the Jharkhand Control of Crimes Act,

    2002.

    39. Further, acquittal and enlargement on bail, of the

    detenue/petitioner, in some of the cases cannot be said to affect the

    decision taken by the competent authority of detention, rather the

    accusation so made in the First Information Report is to be seen for the

    purpose to have the subjective satisfaction of the nature of accusation

    made in the said FIR. Since the detention order is to be passed by the

    competent authority anticipating the criminality of the concerned and it

    would be evident from the accusation made in the impugned detention

    order dated 06.10.2025 (Annexure-1), passed by the Respondent No.4

    Deputy Commissioner-cum-District Magistrate, Chatra, and the

    detenue/petitioner himself has stated in his rejoinder that apart from

    acquittal and bail in some cases, there are some pending criminal cases

    against him.

    40. The consideration of coming from judicial custody by virtue of

    order passed by the Court to release on bail has been taken into

    consideration by the Hon’ble Apex Court in D.M Nagaraja Versus

    Government of Karnataka and others reported in (2011) 10 SCC 215
    24
    2026:JHHC:10405-DB

    wherein detenue had challenged his detention order. The Hon’ble Apex

    Court in this case had noted in paragraph-17 that the even after release on

    bail the detenue again started indulging in the same type of offences,

    particularly, threatening the public life, damaging public property, etc. and

    hence, the detenue’s appeal was dismissed. Further in paragraph-20 of the

    aforesaid judgment the Hon’ble Apex Court had noted the subjective

    satisfaction of the detaining authority in passing the detention order

    against the detenue, for the ready reference Paragraph-17 and 20 of D.M.

    Nagaraja(supra) case is quoted herein below –

    “17. All the abovementioned details which have been correctly stated
    in the detention order clearly show that the appellant is not amenable
    to ordinary course of law. It also shows that even after his release on
    bail from the prison on various occasions, he again started indulging
    in the same type of offences, particularly, threatening the public life,
    damaging public property, etc. All these aspects have been
    meticulously considered by the detaining authority and after finding
    that in order to maintain public order, since his activities are
    prejudicial to the public, causing harm and danger, the detaining
    authority detained him as “goonda” under Karnataka Act 12 of 1985
    for a period of 12 months and the same was rightly approved by the
    Advisory Board and the State Government. Inasmuch as the detaining
    authority has taken note of all the relevant materials and strictly
    followed all the safeguards as provided in the Act ensuring the liberty
    of the detenue, we are in entire agreement with the decision of the
    detaining authority as well as the impugned order of the High Court
    affirming the same.”

    xxxxx xxxxxx xxxxxx xxxxx xxxxx xxxxx

    20. In the case on hand, we have already extracted criminality,
    criminal activities starting from the age of 30 and details relating to
    eleven cases mentioned in the grounds of detention. It is not in dispute
    that in one case he has been convicted and sentenced to undergo
    rigorous imprisonment for a term of nine years. He had been acquitted
    in two cases and four cases are pending against him wherein he was
    granted bail by the courts. It is the subjective satisfaction of the
    detaining authority that in spite of his continuous activities causing

    25
    2026:JHHC:10405-DB

    threat to maintenance of public order, he was getting bail one after
    another and indulging in the same activities. In such circumstances,
    based on the relevant materials and satisfying itself, namely, that it
    would not be possible to control his habituality in continuing the
    criminal activities by resorting to normal procedure, the detaining
    authority passed an order detaining him under Act 12 of 1985.”

    41. In the present case, from the impugned detention order dated

    06.10.2025 (Annexure-1), it is apparent that crime committed by the

    detenue/petitioner ranges to murder, attempt to murder, extortion etc. and

    cases under Explosive Substance Act, Arms Act as well as cases under

    CLA Act and UAP Act has also been registered against the petitioner.

    42. From, the impugned detention order dated 06.10.2025, and

    rejoinder filed by the detenue/petitioner, it also appears that out of the

    pending cases against the detenue/petitioner, the oldest FIR is of the year

    2017 and thereafter, petitioner did not repent and again in years 2018,

    2019, 2021 and 2022, FIRs have been registered against the

    detenue/petitioner, one after another.

    43. The authority concerned while passing the impugned detention

    order which was passed on 06.10.2025 (Annexure-1) has taken into

    consideration the entire history of accusation against the petitioner and

    only thereafter has passed the order of detention. Hence, satisfaction has

    been arrived by the detaining authority bearing in mind existence of live

    and proximate link between the past conduct of the petitioner and

    material which is not stale.

    44. Herein, the absence of ground of subjective satisfaction has

    been raised by the learned counsel for the petitioner. But this Court has

    found from the order of detention that the copy of the detention order

    has been served to the writ petitioner personally through the jail

    authority as finds mention in the last page of the impugned order of
    26
    2026:JHHC:10405-DB

    detention, however, it has been admitted fact that even no representation

    has been filed by petitioner in order to make out his defence before the

    authority concerned.

    45. The question herein is that the ground of lack of subjective

    satisfaction is being taken, then it is the bounden duty of the concerned

    to bring the fact to the notice of the authority, countering the process of

    making recommendation for order of detention and then only it is

    available for the concerned litigant to take the ground of no subjective

    satisfaction. Law is well settled that if the opportunity to put forth the

    defence has not been availed, then, it is not available to the litigant

    concerned to raise the issue of not providing an opportunity or non-

    consideration of the defence.

    46. The factual aspect as has been dealt with hereinabove while

    deciding the issue, we are of the view that the detaining authority has

    taken into consideration the fact in entirety which shows the subjective

    satisfaction based upon the document as found to be available with the

    recommending authority which has been accepted by the detaining

    authority.

    47. Thus, from the impugned detention order dated 06.10.2025

    (Annexure-1), it is evident that the detenue/petitioner is habitually

    involved in offences which ranges from murder, attempt to murder,

    extortion etc. and cases under Explosive Substance Act, Arms Act as well

    as cases under CLA Act and UAP Act has also been registered against

    the detenue/petitioner and further on the basis of subjective satisfaction

    the detaining authority has arrived to conclusion that the well-organized

    manner in which such pre-judicial activities have been carried on and

    nexus between dates of incidents and passing of the detention order and
    27
    2026:JHHC:10405-DB

    the said observation is according to the ratio laid down by the Hon’ble

    Apex Court in the case of D.M Nagaraja Versus Government of

    Karnataka and others(supra) therefore, the said observation of the

    detaining authority cannot be said to be suffered from an error.

    48. Accordingly, Issue No.(iii) is hereby answered

    49. This Court, therefore, is of the view that the orders of detention

    need no interference.

    50. Accordingly, the detention order dated 06.10.2025 (Annexure-1)

    passed by the Respondent No.4 and order dated 05.12.2025 (Annexure-2)

    passed by the Respondent No.3, confirming the detention order dated

    06.10.2025 and subsequent extension order dated 31.12.2025(Annexure-

    3), extending the period of preventive detention are sustained and upheld.

    51. Consequent thereto, the instant writ petition stands dismissed.

    52. Pending I.As, if any, stands disposed of.

    (Sujit Narayan Prasad, J.)

    I Agree.

    (Sanjay Prasad, J.)

    (Sanjay Prasad, J.)

    Sudhir
    Dated: 10/04/2026.

    Jharkhand High Court, Ranchi
    AFR

    Uploaded on 10/04/2026

    28



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