Ravi Tiwary @ Ravi Kumar Tiwary vs The State Of Jharkhand Through Chief … on 10 April, 2026

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    Jharkhand High Court

    Ravi Tiwary @ Ravi Kumar Tiwary vs The State Of Jharkhand Through Chief … on 10 April, 2026

    Author: Sanjay Prasad

    Bench: Sujit Narayan Prasad, Sanjay Prasad

                                                               2026:JHHC:10475-DB
    
    
    
           IN THE HIGH COURT OF JHARKHAND AT RANCHI
                     W.P.(Cr)(D.B.) No.69 of 2026
                                -----
    

    Ravi Tiwary @ Ravi Kumar Tiwary, son of aged about 26 years, son of
    Ramakant Tiwari, R/o village Pachpadwa, PO and PS: Garhwa, District-

    Garhwa, Jharkhand.                                     ... ...Petitioner
                                      Versus
    

    1.The State of Jharkhand through Chief Secretary, having office at –
    Project Building, PO: Dhurwa, PS: Jagarnathpur, District: Ranchi

    SPONSORED

    2. Additional Secretary, Department of Home, Prison and Disaster
    Management, Government of Jharkhand, having office at Project
    Bhawan, PO: Dhurwa, PS: Jagarnathpur, District Ranchi.

    3. The District Magistrate cum Deputy Commissioner, Garhwa, having
    office at Garhwa DC Office, Garhwa, PO and PS:Garhwa, District
    Garhwa.

    4. The Superintendent of Police, having office at Garhwa SP Office,
    Garhwa, PO and PS: Garhwa, District Garhwa.

    5. The Sub-Divisional Police Officer, Garhwa, having office at Garhwa
    SDPO, Garhwa, PO and PS: Garhwa, District Garhwa.

    ……. Respondents

    —–

    CORAM:HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD
    HON’BLE MR. JUSTICE SANJAY PRASAD

    ——-

    For the Petitioners(s) : Mr. Sheo Kumar Singh, Advocate
    For the Respondent(s): Mr. Sachin Kumar, AAG-II
    Mr. Srikant Swaroop, AC to AAG-II

    ——

    C.A.V.ON: 19.3.2026 PRONOUNCED ON:10/04/2026

    1. The present writ petition has been filed under Article 226 of the
    Constitution of India seeking following reliefs:

    “a. In the nature of Certiorari for quashing order dated 07.11.2025
    in case no. 03/2025 passed by the District Magistrate-cum- Deputy
    Commissioner, Garhwa, whereby the petitioner was put under
    preventive detention in terms of Section 12(1) and 12(2) of the
    Jharkhand Control of Crimes Act, 2002.

    b. The petitioner has also challenged the memo no.
    5/CCA/01/62/2025/460/CCA/Ranchi by order dated 22.12.2025
    passed by the Additional Secretary, Department of Home, Prisons
    and Disaster Management, Government of Jharkhand, whereby and
    whereunder the order of preventive detention passed under section
    12
    of the Jharkhand Control of Crimes Act, 2002, in order dated

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    07.11.2025 in case no. 03/2025 passed by the District Magistrate-
    cum- Deputy Commissioner, Garhwa has been confirmed.

    2. During the pendency of the instant writ petition, memo no.

    5/CCA/01/62/2025-13/CCA/Ranchi dated 30.01.2026 was passed by

    the Additional Secretary, Department of Home, Prisons and Disaster

    Management, Government of Jharkhand by which the detention has

    been extended from 07.02.2026 to 06.05.2026 which has also been

    challenged by filing interlocutory application being I.A. No.2271 of

    2026 seeking amendment in the writ petition, in the pleading and

    prayer portion thereof.

    3. The said interlocutory application was allowed vide order dated

    17.02.2026.The amended writ petition has also been filed and kept on

    record.The counter affidavit to the amended writ petition has also

    been filed.

    Factual Matrix:

    4. The brief facts of the case as per pleadings made in the present writ

    petition are as under:

    (i) On 26.09.2025 in-charge, Garhwa Police Station got

    information that harden criminal Ravi Tiwari @ Ravi Kumar

    Tiwari who is in judicial custody in Mandal Jail, Garhwa, in

    connection with Garhwa PS case no. 379/2025 is using his

    henchman for threatening in the town that after release from

    jail, he will create panic in the town. On this information, a

    sanha bearing No.67 of 2025 was registered. Thereafter, other

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    officers have also got information about henchmen in town for

    threatening that after release from jail he will be spread panic.

    (ii) By memo no. 2810 dated 24.10.2025, the Sub-Divisional

    Police Officer, Garhwa has recommended for taking action

    against the petitioner under Sections 12(1) and 12(2) of the

    Jharkhand Control of Crimes Act, 2002(hereinafter referred to

    Act of 2002) as there is possibility of threatening to the

    witnesses of cases against the petitioner.

    (iii) By memo no. 1245 dated 25.10.2025 the Superintendent of

    Police, Garhwa has recommended for taking action against the

    petitioner under Section 12(1) and 12(2) of the Jharkhand

    Control of Crimes Act, 2002 as there will be difficulty to

    maintain law and order and peace in public if the petitioner is

    released from jail.

    (iv) On the basis of recommendation of the respondent nos. 4 and

    5, the respondent no. 3 has framed charge against the

    petitioner in case no. 03/2025, under Section 12(2) of the

    Jharkhand Control of Crimes Act, 2002, wherein 11 criminal

    cases and 6 sanha have been mentioned, which were registered

    against the petitioner and there is possibility of violation of

    public peace and law and order if the petitioner will be

    released from jail.

    (v) Thereafter, detention order dated 07.11.2005 in case no.

    03/2025, was passed by the respondent no.3 against the

    detenu/petitioner under section 12(2) of the Jharkhand Control

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    of Crimes Act, 2002, wherein petitioner was ordered to be

    detained for three months.

    (vi) Then, by memo no. 5/CCA/01/62/2025/460/CCA/Ranchi

    dated 22.12.2025 passed by the Additional Secretary,

    Department of Home, Prisons and Disaster Management,

    Government of Jharkhand, whereby and whereunder the

    orderdated 07.11.2025 passed by the District Magistrate-cum-

    Deputy Commissioner, Garhwa, under section 12 of the

    Jharkhand Control of Crimes Act, 2002, has been confirmed

    and petitioner was ordered to be detained for three months i.e.

    07.11.2025 to 06.02.2026.

    (vii)By memo no. 5/CCA/01/62/2025-13/CCA/Ranchi dated

    30.01.2026 passed by the Additional Secretary, Department of

    Home, Prisons and Disaster Management, Government of

    Jharkhand, detention of the petitioner was further extended from

    07.02.2026 to 06.05.2026.

    Submission on behalf of the writ petitioner:

    5. The learned counsel appearing on behalf of the petitioner has taken

    the following grounds in assailing the impugned orders:

    (i) It has been contended that petitioner has been illegally

    detained as no case is made out to detain the petitioner under

    the Jharkhand Control of Crimes Act. Petitioner is neither a

    habitual offender nor an anti-social element as defined under

    section 2(d) of the Jharkhand Control of Crimes Act.

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    (ii) It is further contended that there is nothing to suggest that

    the petitioner is a threat to the society and is a threat to public

    order.

    (iii) It is further contended that the officials of the district have

    tried to convert law and order problem to that of public order

    and are thus unnecessarily harassing the petitioner.

    (iv) It has further been contended that out of the 11 criminal

    cases mentioned in the impugned detention order,

    detenue/petitioner has been acquitted in four cases and has

    been enlarged on bail in six cases by the court of law. Hence,

    only in i.e. Garhwa PS case no. 416/2025, the petitioner is in

    judicial custody.

    (v) It has been further submitted that authorities have tried to

    convert law and order problem to that of public order and

    hence, unnecessarily harassing the petitioner.

    (vi) The learned counsel for the petitioner has further

    submitted that there is difference between public order and law

    and order. The Hon’ble Supreme Court, in the case of

    AmeenaBegum vs. State of Telangana and Others reported in

    (2023)9 SCC 587, while referring to various earlier judgments

    has distinguished between law and order and public order.

    (vii) The learned counsel has further relied on the judgment of

    Hon’ble Apex Court delivered in case of Shaik Nazneen

    versus State of Telangana and Others reported in (2023)9

    SCC 633, and submitted that in the present case state may seek

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    cancelation of bail instead of passing detention order against

    the petitioner under the preventive detention law.

    (viii) The learned counsel for the petitioner has further

    submitted that so far as the Station Diary Entries (Sanhas) are

    concerned, it is an admitted case that those have not been

    culminated in any criminal case. Merely entry in the Station

    Diary and alleging some acts, cannot be the ground to detain a

    person.

    (ix) The learned counsel has further submitted that if the acts

    mentioned in the Station Diary Entries are criminal acts and

    are cognizable in nature, then why the State has not filed any

    FIR. Law provides that if cognizable offence is committed and

    is brought to the knowledge of an authority, FIR should be

    lodged.

    6. The learned counsel, based upon the aforesaid grounds, has submitted

    that the impugned orders therefore, need interference by this Court

    and be quashed.

    Submission on behalf of the Respondent-State:

    7. Per contra, Mr. Sachin Kumar, the learned AAG-II appearing for the

    respondent-State to defend the impugned orders has raised the

    following grounds:

    (i) It has been contended that the impugned detention order is

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

    Control of Crimes Act, 2002, as the petitioner is involved in

    eleven criminal cases as well as six sanhas were registered

    against him in police stations of Garhwa District specially for

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    creating threat by his henchmen among witnesses and public at

    large and also to disturb the public order when he will be

    releasedfrom jail and, as such, the present writ petition is not

    maintainable in the law as well as on facts.

    (ii) It is further contended that police records refer to 11 criminal

    cases against the petitioner and acquittal in four cases do not

    absolve the petitioner of his pattern of criminal conduct. The

    sevenpending cases against the petitioner are as under:

    i. Garhwa P.S. Case No. 253 of 2022, bail granted on

    20.03.2023.

    ii. Garhwa P.S. Case No. 293 of 2023, bail granted on

    13.10.2025.

    iii. Garhwa P.S. Case No. 368 of 2025, bail granted on

    09.10.2025

    iv. Garhwa P.S. Case No. 391 of 2025, bail granted on

    02.12.2025

    v. Garhwa P.S. Case No. 403 of 2025, bail granted on

    04.12.2025

    vi. Garhwa P.S. Case No. 405 of 2025, bail granted on

    28.11.2025

    vii. Garhwa P.S. Case No. 416 of 2025, petitioner is in

    custody.

    (iii) it is further submitted that initial detention of the petitioner was

    from 07.11.2025 to 06.02.2026. The police reported that petitioner

    and his henchman still extended threat to disturb the public order

    when he will be released and for this Sanha No. 60/2026, dated

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    10.01.2020 and Sanha No. 54/2026, dated 11.01.2026 was

    registered requesting Respondent No. 3 to extend the period of

    detention, accordingly, respondent No. 3 being satisfied with the

    report and materials, recommended extension vide

    05/CCA/01/62/2025-13/CCA/Ranchi dated 30.01.2026 from

    07.02.2026 to 06.05.2026 under Sections 21(1) and 22 of the Act

    of 2002, after review.Hence,The extension is lawful and necessary

    to avert imminent public disorder.

    (iv) It is stated and submitted that petitioner’s extensive criminal

    record, including multiple violent offences and use of henchmen

    for threats, clearly establishes him as a societal threat, warranting

    preventive detention to safeguard public tranquility.

    (v) It is submitted that final reports in some cases, or acquittals

    granted, do not negate the pattern of the criminal activity of the

    petitioner. The criminal antecedents and collected intelligence

    regarding threat to disturb public order demonstrates recidivism,

    justifying detention.

    (vi) The petitioner qualifies as a “habitual offender” and “anti-social

    element under Section 2(d) of the Act due to repeated charges

    under Chapters XVI/XVII IPC (now BNS equivalents) and Arms

    Act and organized intimidation. His activities habitually threaten

    public order beyond individual cases.

    8. 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.

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    Analysis:

    9. 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.

    10.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 acquittal and grant of bail to thedetenue/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?

    iii. Whether the petitioner’s criminal history and alleged activities

    threatened “public order” as stipulated in Act 2002 or simply

    affected “law and order.”

    Re: Issue No. (i)

    11.But, before considering the first issues, the statutory provisions as

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

    be referred herein.

    12.The relevant provisions which require consideration herein are

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

    13.”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-

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    (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.”

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

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

    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.

    15.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.

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

    to Section 2(d)(i) 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 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

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    (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 “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.”

    17.Thus, from the aforesaid it is evident that 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. 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

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

    dissimilar acts are necessary to justify an inference of habit.

    18.It requires to refer herein that Section 12 of the Act of 2002 contains

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

    “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

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    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.”

    19.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 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.

    20.Hence, section 12(1) 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.

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    21.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.

    22.On going through the impugned detention order dated 07.11.2025

    (Annexure-5), this court finds that detention order is passed by the

    respondent no.3 District Magistrate-cum- Deputy Commissioner,

    Garhwa, wherein involvement of the petitioner in 11 criminal cases

    are mentioned out of which petitioner has been acquitted in four cases

    i.e. Garhwa P.S. Case No. 665 of 2020 dated 30.09.2020,under

    section 307 IPC and 27 Arms Act; Garhwa P.S. Case No. 675 of 2020

    dated 01.10.2020,under section 307/34 IPC and 27 Arms Act;Garhwa

    P.S. Case No. 292 of 2023 dated 28.06.2023,under section 394 IPC

    and Garhwa P.S. Case No. 342 of 2024 dated 25.06.2024,under

    section 302/34 IPC and 27 Arms Act.

    23.Further, from the impugned detention order dated 07.11.2025

    (Annexure-5), this court finds that following 7 FIRs have been

    registered against the petitioner in Garhwa police station:

    i. Garhwa P.S. Case No. 253 of 2022, dated 20.05.2022,
    under section 379 IPC

    ii. Garhwa P.S. Case No. 293 of 2023, dated28.06.2023,
    under section 25(1-B)/26/27/35 Arms Act

    iii. Garhwa P.S. Case No. 368 of 2025, dated 20.08.2025
    under section 308(4)/3(5) of BNS

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    iv. Garhwa P.S. Case No. 379 of 2025, dated 27.08.2025
    under section 308(4)/351(2)/352/3(5) BNS

    v. Garhwa P.S. Case No. 403 of 2025, dated 06.09.2025
    under section 109(1)/308(4)/351(2)/352/3(5) BNS and
    27 Arms Act

    vi. Garhwa P.S. Case No. 405 of 2025, dated 08.09.2025
    under section 25(1-B)a/26/27/35 Arms Act

    vii.Garhwa P.S. Case No. 416 of 2025, dated
    13.09.2025under section 25(1-B) a/26/27/35 Arms Act

    24.From record it appears that petitioner has been granted bail in Garhwa

    P.S. Case No. 253 of 2022 on 20.03.2023; in Garhwa P.S. Case No.

    293 of 2023 on 13.10.2025; in Garhwa P.S. Case No. 368 of 2025 on

    09.10.2025; in Garhwa P.S. Case No. 379 of 2025 on 02.12.2025; in

    Garhwa P.S. Case No. 403 of 2025 on 04.12.2025 and inGarhwa P.S.

    Case No. 405 of 2025 on 28.11.2025. The writ petitioner is in custody

    in connection with Garhwa P.S. Case No. 416 of 2025.

    25.Hence, from the 7 FIRs mentioned in the impugned detention order

    dated 07.11.2025 (Annexure-5), this court finds that crime committed

    by the petitioner ranges from attempt to murder, criminal

    intimidation, extortion etc. and the several cases under Arms Act has

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

    that the petitioner is habitual offender.

    26.Thus, petitioner habitually commits offences punishable under

    section Chapter XVI or Chapter XVII of the Indian Penal Code(now

    BNS equivalents) as defined in section 2(d)(i) of the Act of 2002.

    27.Further, the detaining authority respondent no.3 while passing the

    impugned detention order dated 07.11.2025 (Annexure-5), under

    16
    2026:JHHC:10475-DB

    section 12(2) of the Act 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.

    28.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 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 dated 07.11.2025 (Annexure-5), on this score

    needs no interference.

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

    Re: Issue No. (ii)

    30.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?

    31.In this regard learned counsel for the detenue/petitioner has

    contended the said cases were relied by the detaining authority while

    passing the impugned order of detention dated 07.11.2025

    (Annexure-5) and hence, detention order cannot be sustained.

    32.This court finds that in the impugned detention order dated

    07.11.2025 (Annexure-5), there is reference of 11 criminal cases

    against the detenue/petitioner out of which detenue/petitioner has

    been acquitted in four cases Garhwa P.S. Case No. 665 of 2020 dated

    30.09.2020, Garhwa P.S. Case No. 675 of 2020 dated

    17
    2026:JHHC:10475-DB

    01.10.2020,Garhwa P.S. Case No. 292 of 2023 dated 28.06.2023 and

    Garhwa P.S. Case No. 342 of 2024 dated 25.06.2024.

    33.Further, in 7 FIRs mentioned in the impugned detention

    order,detenue/petitioner has been enlarged on bail in six cases –

    GarhwaP.S. Case No. 253 of 2022 dated 20.05.2022, Garhwa P.S.

    Case No. 293 of 2023, dated 28.06.2023, Garhwa P.S. Case No. 368

    of 2025 dated 20.08.2025, Garhwa P.S. Case No. 379 of 2025 dated

    27.08.2025, Garhwa P.S. Case No. 403 of 2025 dated 06.09.2025,

    Garhwa P.S. Case No. 405 of 2025 dated 08.09.2025. In connection

    with Garhwa P.S. Case No. 416 of 2025, dated 13.09.2025,

    detenue/petitioner is in judicial custody.

    34.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 in spite 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.

    35.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

    18
    2026:JHHC:10475-DB

    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 07.11.2025 (Annexure-

    5),passed by the District Magistrate, wherein seven pending

    criminal cases registered against the detenue is mentioned.

    36.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 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 detenue again started indulging in the same type of

    offences, particularly, threatening the public life, damaging public

    property, etc. and hence, detenue 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

    19
    2026:JHHC:10475-DB

    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.”

    Xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

    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 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.”

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

    07.11.2025 (Annexure-5), it is apparent thatin seven pending cases

    registered against the detenue ranges from attempt to murder,

    criminal intimidation, extortion etc. and the several cases under Arms

    Act has also been registered against the petitioner.

    38.From, the impugned detention order dated 07.11.2025, it also appears

    that out of the pending cases against the detenue/petitioner, the oldest

    FIR is of the year 2022 and thereafter, petitioner did not repent and

    20
    2026:JHHC:10475-DB

    again in years 2024 and 2025, six more FIRs had been registered

    against the detenue/petitioner.

    39.The authority concerned while passing the impugned detention order

    which was passed on 07.11.2025 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.

    40.Thus, from the impugned detention order dated 07.11.2025, it is

    evident that the detenue/petitioner is habitually involved in offences

    which ranges from attempt to murder, involvement in organized

    crime, extortion etc. and the several cases under Arms Act 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 the said

    observation is according to the ratio led 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 suffer from an error.

    41.Accordingly,Issue No.(ii) is hereby answered

    Re: Issue No. (iii)

    42.Regarding this issue i.e.whether the petitioner’s criminal history and

    alleged activities threatened “public order” as stipulated in Act 2002

    or simply affected “law and order.”

    21

    2026:JHHC:10475-DB

    43.The petitioner has challenged the detention order by also taking the

    ground that his alleged activities did not rise to the level of “public

    order” disturbance and that no strong factual foundation existed to

    justify his continued detention.

    44.With regard to the aforesaid contention of the learned Counsel, it

    would be instructive to refer to the relevant case law on the

    distinction between “law and order” and “public order” which has

    been enunciated by the Hon’ble Apex Court in catena of Judgments.

    45.In the case of Dr. Ram Manohar Lohia v. State Bihar1965 SCC

    OnLine SC 9 a Constitution Bench of the Hon’ble Supreme Court,

    explained the difference between maintenance of law and order and

    maintenance of public order and its disturbance. The Court has

    further explained the whole concept of public order and law and

    order, by observing that one has to imagine three concentric circles,

    that law and order represents the largest circle, within which is the

    next circle representing public order and the smallest circle represents

    security of State. For ready reference the relevant paragraphs of the

    aforesaid judgment are being quoted as under:

    “54. … Does the expression “public order” take in every kind of
    disorder or only some of them? The answer to this serves to
    distinguish “public order” from “law and order” because the
    latter undoubtedly takes in all of them. Public order if disturbed,
    must lead to public disorder. Every breach of the peace does not
    lead to public disorder. When two drunkards quarrel and fight
    there is disorder but not public disorder. They can be dealt with
    under the powers to maintain law and order but cannot be detained
    on the ground that they were disturbing public order. Suppose that
    the two fighters were of rival communities and one of them tried to
    raise communal passions. The problem is still one of law and order
    but it raises the apprehension of public disorder. Other examples

    22
    2026:JHHC:10475-DB

    can be imagined. The contravention of law always affects order but
    before it can be said to affect public order, it must affect the
    community or the public at large. A mere disturbance of law and
    order leading to disorder is thus not necessarily sufficient for
    action under the Defence of India Act but disturbances which
    subvert the public order are. A District Magistrate is entitled to
    take action under Rule 30(1)(b) to prevent subversion of public
    order but not in aid of maintenance of law and order under
    ordinary circumstances.

    55. It will thus appear that just as “public order” in the rulings of
    this Court (earlier cited) was said to comprehend disorders of less
    gravity than those affecting “security of State”, “law and order”

    also comprehends disorders of less gravity than those affecting
    “public order”. One has to imagine three concentric circles. Law
    and order represents the largest circle within which is the next
    circle representing public order and the smallest circle represents
    security of State. It is then easy to see that an act may affect law
    and order but not public order just as an act may affect public
    order but not security of the State.”

    46.In the case Arun Ghosh v. State of W.B., (1970) 1 SCC 98the

    Hon’ble Apex Court has deal with the question of “public order” and

    “law and order” by citing the various illustration, the relevant

    portionof the aforesaid judgment reads as under:

    “3. … Public order was said to embrace more of the
    community than law and order. Public order is the even
    tempo of the life of the community taking the country as a
    whole or even a specified locality. Disturbance of public
    order is to be distinguished from acts directed against
    individuals which do not disturb the society to the extent
    of causing a general disturbance of public tranquillity. It
    is the degree of disturbance and its effect upon the life of
    the community in a locality which determines whether the
    disturbance amounts only to a breach of law and order.
    Take for instance, a man stabs another. People may be
    shocked and even disturbed, but the life of the community
    keeps moving at an even tempo, however much one may
    dislike the act. Take another case of a town where there is

    23
    2026:JHHC:10475-DB

    communal tension. A man stabs a member of the other
    community. This is an act of a very different sort. Its
    implications are deeper and it affects the even tempo of
    life and public order is jeopardised because the
    repercussions of the act embrace large sections of the
    community and incite them to make further breaches of
    the law and order and to subvert the public order. An act
    by itself is not determinant of its own gravity. In its
    quality it may not differ from another but in its
    potentiality it may be very different. Take the case of
    assault on girls. A guest at a hotel may kiss or make
    advances to half a dozen chamber maids. He may annoy
    them and also the management but he does not cause
    disturbance of public order. He may even have a fracas
    with the friends of one of the girls but even then it would
    be a case of breach of law and order only. Take another
    case of a man who molests women in lonely places. As a
    result of his activities girls going to colleges and schools
    are in constant danger and fear. Women going for their
    ordinary business are afraid of being waylaid and
    assaulted. The activity of this man in its essential quality
    is not different from the act of the other man but in its
    potentiality and in its effect upon the public tranquillity
    there is a vast difference. The act of the man who molests
    the girls in lonely places causes a disturbance in the even
    tempo of living which is the first requirement of public
    order. He disturbs the society and the community. His act
    makes all the women apprehensive of their honour and he
    can be said to be causing disturbance of public order and
    not merely committing individual actions which may be
    taken note of by the criminal prosecution agencies. It
    means therefore that the question whether a man has only
    committed a breach of law and order or has acted in a
    manner likely to cause a disturbance of the public order is
    a question of degree and the extent of the reach of the act
    upon the society.”

    24

    2026:JHHC:10475-DB

    47.In Dr. Ram Manohar Lohia‘s case examples were given by the

    Hon’ble Apex Court by observing that like acts in different contexts

    affect differently law and order on the one hand and public order on

    the other. It is always a question of degree of the damage and its

    affect upon the community. The question to ask is : Does it lead to

    trouble of the current of life of the community so as to amount a

    disturbance of the public order or does it affect merely an individual

    leaving the tranquility of the society undisturbed? This question has

    to be faced in every case on facts. There is no formula by which one

    case can be distinguished from another.

    48.The Hon’ble Apex Court in the in the case of Babul Mitra v. State

    of W.B. (1973) 1 SCC 393 had deal with the question of “public

    order” and “law and order”. The Hon’ble Apex Court observed that

    the true distinction between the areas of “law and order” and “public

    order” is one of degree and extent of the reach of the act in question

    upon society. The Court pointed out that the act by itself is not

    determinant of its own gravity. In its quality it may not differ but in

    its potentiality, it may be very different.

    49.In Haradhan Saha v. The State of West Bengal (1975) 3 SCC 198

    the Hon’ble Supreme Court has prescribed tests to determine whether

    the alleged acts affect ‘law and order’ or ‘public order’. The Hon’ble

    Court held that it is the potentiality of the act to disturb the even

    tempo of life which makes it prejudicial to the maintenance of public

    order and that it is the degree and extent of the each of the

    objectionable activity on the society which is vital for consideration.

    Considering the question whether a person has committed only

    25
    2026:JHHC:10475-DB

    breach of law and order or has acted in any manner likely to cause

    disturbance to public order, it was held that an order of detention

    under the Act would be valid if the activities of the detenu affect

    public order, but could not be so where the same affects only the

    maintenance of law and order and that the facts of each case have

    therefore to be carefully scrutinized to test the validity of the

    detention.

    50.The Hon’ble Apex Court in the case of Pesala Nookaraju v. State of

    A.P., (2023) 14 SCC 641 has categorically observed that there is a

    very thin line between the question of law-and-order situation and a

    public order situation, and some times, the acts of a person relating to

    law-and-order situation can turn into a question of public order

    situation. What is decisive for determining the connection of ground

    of detention with the maintenance of public order, the object of

    detention, is not an intrinsic quality of the act but rather its latent

    potentiality. Therefore, for determining whether the ground of

    detention is relevant for the purposes of public order or not, merely an

    objective test based on the intrinsic quality of an act would not be a

    safe guide. The potentiality of the act has to be examined in the light

    of the surrounding circumstances, posterior and anterior for the

    offences under the Prohibition Act.

    51.This Court is conscious with the fact that Preventive detention of a

    person is an extreme measure resorted to by the State when ordinary

    criminal law is found not adequate to control his activities which

    cause disturbance to public order. The preventive detention laws have

    been conceived in order to control the activities of a person which

    26
    2026:JHHC:10475-DB

    tend to disturb public order as opposed to law and order and the

    procedural safeguards prescribed by the ordinary criminal laws are

    not available to the detenu under preventive detention laws.

    52.The order of preventive detention and the decision must depend on

    the facts of the particular case; preventive detention being necessary

    to prevent the detenue from acting in any manner prejudicial to the

    security of the State or to the maintenance of public order etc. but the

    detaining authority must show its awareness to the fact of subsisting

    custody of the detenu and take that factor into account while making

    the order; but, even so, if the detaining authority is reasonably

    satisfied on cogent material that there is likelihood of his release and

    in view of his antecedent activities which are proximate in point of

    time he must be detained in order to prevent him from indulging in

    such prejudicial activities, the detention order can be validly made

    even in anticipation to operate on his release.

    53.Keeping in view the legal position discussed above, we need to

    consider the allegations against the detenue/writ petitioner.

    54.It has come on record that the petitioner is involved in various

    criminal cases as well as six sanhas were also registered against

    him in police stations of Garhwa District specially for creating

    threat by his henchmen among witnesses and public at large and

    also to disturb the public order. Further the authority concerned

    based upon its subjective satisfaction has noted that when

    petitioner will be released from jail, he will create panic in the

    town.

    27

    2026:JHHC:10475-DB

    55.It has further come on record that initial detention of the petitioner

    was from 07.11.2025 to 06.02.2026. The police reported that

    petitioner and his henchman still extended threat to disturb the

    public order and for this Sanha No. 60/2026, dated 10.01.2020 and

    Sanha No. 54/2026, dated 11.01.2026 was registered requesting

    Respondent No. 3 to extend the period of detention, accordingly,

    respondent No. 3 being satisfied with the report and materials,

    recommended extension of detention from 07.02.2026 to

    06.05.2026 under Sections 21(1) and 22 of the Act of 2002.

    56.In the present case, the detaining authority has arrived at a subjective

    satisfaction that the activities of the detenu-appellant are detrimental

    to the maintenance of public order. The authority has further

    concluded that it is necessary to prevent the detenu from engaging in

    such activities in the future. This satisfaction is based on credible

    material available on record, therefore, the contention of the writ

    petitioner that his alleged activities did not rise to the level of “public

    order” disturbance and that no strong factual foundation existed to

    justify his continued detention, is not fit to be accepted.

    57. Accordingly, issue no.(iii) answered herein.

    58. On the basis of the discussion made hereinabove this Court is of the

    considered view that the orders of detention need no interference.

    59.Accordingly, the detention order dated 07.11.2025, (Annexure-

    5)passed by the Respondent No.3and order dated

    22.12.2025(Annexure-6) passed by the Respondent No.2, confirming

    the detention order dated 07.11.2025and subsequent extension order

    28
    2026:JHHC:10475-DB

    dated 30.01.2026(Annexure-8),extending the period of preventive

    detention are sustained and upheld.

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

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

                      I Agree                         (Sujit Narayan Prasad, J.)
    
    
    
                                                            (Sanjay Prasad, J.)
              (Sanjay Prasad, J.)
    
    
    Jharkhand High Court
    Dated:10.04.2026
    KNR/AFR
    
    Uploaded on: 13.04.2026
    
    
    
    
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