IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.1093 of 2010 SRI SUBHASH RAI @ JHARIMAN RAI Versus STATE OF BIHAR & ORS ----------- 2 28.10.2010 The petitioner prays for quashing the order dated 23.9.2010 contained in memo no.1538 issued by the District Magistrate, Saran, Chapra in connection with Crime Control Case No.28/2010 by which the petitioner has been charged with eminent threat of disturbing public order during the ensuing Bihar Legislative Assembly Election 2010. The petitioner has filed supplementary affidavit annexing a copy of the order dated 21.10.2010 passed by the District Magistrate, Saran, Chapra under section 3 of the Crime Control Act by which the petitioner has been directed to confine himself in the house on the date of election after casting his vote. It has been further directed that in case the petitioner is found at or around any booth/centre, he would be arrested. Counsel for the petitioner submits that the petitioner is a candidate in the ensuing Bihar Legislative Assembly election and as such he ought not to have been debarred from going to the booths/centres. The election in the Chapra takes place today itself. Learned Advocate General appearing on behalf of the State submits that it would be very difficult to communicate any order to the authorities concerned today itself as they are busy in conducting the ensuing election in Chapra. 2 KHAN Having considered the facts and circumstances of the case, this court would observe that the petitioner may move out of the house but he would not go near any booth/centre. In case he is found in or around any booth/centre, the authorities concerned would be at liberty to arrest him. With the aforesaid observations and directions, this writ petition stands disposed of. (S.P.Singh,J)