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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
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                    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/-

U


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