Bhairav Singh Vs State of Jharkhand through Chief Secretary

2026:JHHC:3441-DB

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(Cr.) (DB) No. 808 of 2025

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Bhairav Singh, aged about 34 years, Son of Late Saroj Singh, Resident of Lake Road, Hindipur, P.O.-G.P.O., P.S. – Daily Market, DistrictRanchi, Jharkhand … … … Petitioner

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Versus

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The State of Jharkhand through Chief Secretary having its office at Project Building, Dhurwa, Ranchi, P.O. & P.S. – Dhurwa, DistrictRanchi, Jharkhand

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The Home Secretary State of Jharkhand having its office at Project Building, Dhurwa, Ranchi, P.O. & P.S. – Dhurwa, District- Ranchi, Jharkhand

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The Deputy Commissioner-Cum- District Magistrate, Ranchi having its office at Collectoriate Building, Ranchi, P.O. & P.S. – Ranchi, District- Ranchi, Jharkhand

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The Senior Superintendent of Police, Ranchi, having its office at Collectoriate Building, Ranchi, P.O. & P.S. – Ranchi, District- Ranchi, Jharkhand

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The Inspector General Of Prison Jharkhand, having is office at Project Building Dhurwa, Ranchi, P.O. & P.S. – Dhurwa, District – Ranchi, Jharkhand

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The Jail Superintendent Ranchi, having its office at Birsa Munda Cenral Jail, Hotwar, P.O. & P.S. Khelgaon, District – Ranchi

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The Jailer Birsa Munda Central Jail, having its office at Birsa Munda Central Jail, Hotwar, P.O. & P.S. Khelgaon, District Ranchi. … … … Respondents

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CORAM: HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON’BLE MR. JUSTICE ARUN KUMAR RAI

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For the Petitioner :Mr. Abhay Kumar Mishra, Advocate For the State :Mr. Shahbaj Akhtar, A.C. to A.A.A.-III

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Order No. 05 / Dated 09^th February, 2026

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1. The supplementary counter-affidavit filed on behalf of respondent-State has been taken on record.

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

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i. An appropriate writ/order be passed quashing Order No. 15 dated 01.12.2025, passed by the Deputy

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2026:JHHC:3441-DB

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Commissioner-cum-District Magistrate, Ranchi, whereby the petitioner has been preventively detained under Section 12(ii) of the Jharkhand Crime Control Act, 2002, the same being illegal and arbitrary.

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ii. Memo No. 4934(ii) dated 02.12.2025, containing the grounds of detention, be quashed as the grounds neither satisfy the requirements of the Act nor disclose any valid basis to declare the petitioner an antisocial element.

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iii. The order of detention be declared illegal for nonmention of the mandatory period of detention, rendering the same violative of Section 12 of the Act.

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iv. The respondents be directed to release the petitioner forthwith, the detention order being unconstitutional and unsustainable in law.

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3. On 07.01.2026, the counter-affidavit was filed, wherein a stand was taken that the writ petitioner had been released from judicial custody. However, a serious objection was raised on behalf of the writ petitioner, contending that the release from judicial custody was a consequence of the revocation of the order of detention, which was required to be passed in pursuance of the provisions contained under Section 21(2) of the Jharkhand Control of Crimes Act, 2002. The State sought time, and accordingly, this Court passed the following order.

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7. In the counter affidavit, which has been filed by the respondent no.4 and taken on record as referred hereinabove, the State has come out with the stand that the detention order has not been confirmed by the advisory board, which is required to be confirmed in view of the provision of Section 21(1) of the Jharkhand Control of Crimes Act, 2002, as applicable.

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4. In compliance with the aforesaid order, an affidavit has been filed annexing thereto the order dated 03.02.2026, passed by the Deputy Commissioner-cum-District Magistrate, Ranchi, revoking the order of detention.

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2026:JHHC:3441-DB

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5. Mr. Abhay Kumar Mishra, learned counsel appearing on behalf of the writ petitioner, has submitted that the order of revocation had already been passed on 03.02.2026, as reflected in AnnexureA appended to the supplementary counter-affidavit filed on behalf of the respondent-State.

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6. This Court, considering the aforesaid facts, is of the view that the instant writ petition, being W.P. (Cr.) (DB) No. 808 of 2025, has become infructuous and, as such, is disposed of.

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(Sujit Narayan Prasad, J.)

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(Arun Kumar Rai, J.)

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09.02.2026 Umesh/Abhishek

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Bhairav Singh v. State of Jharkhand through Chief Secretary

Case brief

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Bhairav Singh v. State of Jharkhand through Chief Secretary

Case brief

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