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1989 DIGILAW 421 (PAT)

Arsbad Alam @ Babla v. State of Bihar

1989-11-29

B.K.ROY, B.N.AGRAWAL, B.P.SINGH, G.G.SOHANI, S.N.JHA

body1989
JUDGMENT This Full Bench has been constituted to consider the correctness of the decision reported in Sayed Zafrul Hassan & anr. Vs. The State (1986 B.B.C.J. 219) as a Division Bench consisting of Shamsul Hasan, J. and one of us (B.K. Roy, J.) hearing Cr. W. J. C. No.106 of 1989 filed by the detenu-petitioner assailing the order of detention passed against him under the Bihar Crime Control. Act, 1981, held that the decision of a Full Bench of this Court in Sayed Zafrul Hassan & Anr. Vs. The State (1986 B.B.C.J. 219) required reconsideration. 2. Now, this criminal writ application has been filed by the petitioner to assail the order of detention passed by the District Magistrate, Dhanbad, and approved by the State Government at Patna. The cause of action for this petition, therefore, arises at Dhanbad and as well as at Patna, where the order of detention was approved by the State Government. There fore, the High Court at. Patna has jurisdiction to hear this petition, became a part of the cause of action arises at Patna. Under the circumstances, the question as to the correctness of the decision reported In Sayed Zafrul Hassan & Anr. (supra) relating to a case of anticipatory bail does not, in our opinion, arise in the Instant case. That decision may require reconsideration in an appropriate care. So far alt this case is concerned, the High Court at Patna has jurisdiction to hear and dispose it of. 3. Let the matter, therefore, be fixed before the appropriate Bench for hearing on Wednesday next, i.e. on 6th December, 1989, as the first case for hearing in the list, subject to part-heard case, if any. Reference answered accordingly.