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2022 Supreme(Pat) 572

CHAKRADHARI SHARAN SINGH, KHATIM REZA
Sanjeev Kumar @ Sanjeev Rai – Appellant
Versus
State of Bihar – Respondent


Advocates:
For the Petitioner: M/s Prasoon Sinha, Prabhat Kumar.
For the Respondents: Mr. M. Nasrul Huda Khan.

Chakradhari Sharan Singh, J.—Section 3 of the Bihar Control of Crimes Act, 1981 (hereinafter referred to as 'the Act') confers upon the District Magistrate a jurisdiction to pass an order, inter alia, directing a person, who is an 'anti-social element' within the meaning of Section 2(d) of the Act, to remove himself outside the district or part thereof, as the case may be, by such route, if any, and within such time as may be specified in the order and to resist him from entering the district or the specified part thereof, until, the expiry of such period, not exceeding six months as may be specified in the order; should the conditions specified under the said Section exist.

2. It is in the exercise of said power under Section 3 of the Act that the District Magistrate, Sheohar passed an order of externment dated 17.08.2021 in Case No. 7 of 2021 against the petitioner requiring him to remove himself from the district of Sheohar and to leave the jurisdiction of Piprahi Police Station from 17.08.2021 to 17.02.2022. By the said order, he had further been directed to remain physically present before Fenhara Police Station in the district of East Champaran every day, between 7:00 a.m. to

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