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2023 Supreme(Pat) 1053

P. B. BAJANTHRI, RAMESH CHAND MALVIYA
Jay Kumar Yadav – Appellant
Versus
State of Bihar – Respondent


Advocates appeared:
For the Petitioner: Mr. Rashmi Jha.
For the Respondents: Mr. Kumari Amrita.

ORDER

In the instant petition, petitioner has prayed for the following relief(s):—

“That the present application is being filed for issuance of an appropriate writ/order/direction, particularly in the nature of writ of certiorari for quashing the order of externment dated 26.08.2023 passed by the District Magistrate, Saharsa in BCCA Case No. 30/2023 under section 3(3) of the Control of Crime Act, 1981, whereby the petitioner has been directed to remove himself outside the Sour Bazar (Baijnathpur P.S.), District: Saharsa and will be present physically at Banma O.P., Saharsa daily and mark his attendance there between 9 A.M. to 11 A.M. and 5 P.M. to 8 P.M.”

2. Learned counsel for the petitioner submitted that the petitioner who is aged about 73 years was subjected to registration of criminal cases, i.e., (i) Saur Bazar (Baijnathpur P.S.) Case No. 204/2016 dated 31.05.2016 under Section 25(1- b)a, 26, 35 of Arms Act, Charge Sheet No. 248/16 dated 27.07.2016; (ii) Saur Bazar (Baijnathpur P.S.) Case No. 206/2016 dated 31.05.216 under Section 414 of I.P.C, Charge Sheet No. 322/16 dated 20.09.2016.

3. Taking note of the aforementioned cases, the District Magistrate, Saharsa proceed to pass or

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