Patna High Court
PYARELAL BIND @ NETAversusThe State of Bihar through the Additional Chief Secretary of Home Affair, Bihar, Patna
- Decided
- Disposal
- DISPOSED
Holding
The writ petition is infructuous as the detention period has expired and is therefore disposed of.
Summary
Petitioner Pyarelal Bind filed a writ application seeking to set aside the order of the Deputy Secretary confirming his detention and the order of the District Magistrate extending the detention. The petitioner alleged victimisation despite no public order threat. The Court noted that the detention period (24 July 2025 to 23 January 2026) had already expired and the petitioner had been released. Consequently, the Court held that the writ petition had become infructuous. The application was therefore disposed of, with liberty granted to the petitioner to raise any future issues if they arise.
Issues considered
- Whether a writ petition challenging a detention order can be entertained after the detention period has expired
- Whether the order confirming detention can be set aside on grounds of victimisation without a public order threat
Subjects
- preventive detention
- writ jurisdiction
- detention order
- expiry of detention
- infructuous petition
- criminal writ
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.177 of 2026
Arising Out of PS. Case No.-264 Year-2024 Thana- CHAINPUR District- Kaimur (Bhabua)
======================================================
Pyarelal Bind @ Neta Son of Bhailal Bind @ Bhailal Prasad R/o village
Lakhamanpur, P.S.- Chainpur, District - Kaimur at Bbabua
... ... Petitioner
Versus
1. The State of Bihar through the Additional Chief Secretary of Home Affair,
Bihar, Patna
2. The Deputy Secretary of Govt. Home Department.
3. Collector from District Magistrate, Kaimur at Bhabua.
4. The Superintendent of Police, Kaimur at Bhabua.
5. The Sub-Divisional Police Officer, Kaimur at Bhabua Bihar
6. Station Head Officer of Chainpur Police Station, Kaimur at Bhabua
... ... Respondents
======================================================
Appearance :
For the Petitioner/s : Mr. Tribhuwan Narayan, Advocate
For the Respondent/s : Mr. Arvind Kumar, AC to G.P.23
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
and
HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)
2 20-04-2026 Heard Mr. Tribhuwan Narayan, learned counsel for
the petitioner and Mr. Arvind Kumar, learned AC to GP-23 for
the State.
2. This application has been filed for setting aside the
order dated 19.09.2025 passed by the Deputy Secretary of the
Government of Home Department (Police Branch) by which the
detention of the petitioner has been confirmed. The petitioner
has also prayed for setting aside the order dated 24.07.2025
Patna High Court CR. WJC No.177 of 2026(2) dt.20-04-2026
2/2
passed by the District Magistrate, Kaimur at Bhabhua.
3. At the outset, this Court has been informed that the
detention period being 24.07.2025 to 23.01.2026 has already
expired and the petitioner has been released.
4. Learned counsel for the petitioner, however,
submits that the petitioner is being victimised on frivolous
grounds even if there is no public order threat.
5. Keeping in view the fact that the detention period
has already expired and the petitioner has been released, this
Court is of the opinion that so far as the present writ application
is concerned, it has become infructuous. It is disposed of
accordingly with liberty to the petitioner to raise all such issues
which may be available to the petitioner, if any such occasion
arises in future.
(Rajeev Ranjan Prasad, J)
( Soni Shrivastava, J)
lekhi/-
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