IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.21962 OF 2009 MD.SHARIF, SON OF ZAIMUDDIN, RESIDENT OF VILLAGE BHAWANIPUR, WARD NO. 5, POST OFFICE GOWALTOLI, POLICE STATION ABADPUR, DISTRICT KATIHAR …………………………………………..PETITIONER VERSUS 1. THE STATE OF BIHAR 2. SHARIF @ SHARIFUDDIN, SON OF MD. NAZIRUDDIN NO. 2, RESIDENT OF VILLAGE BHAWANIPUR, WARD NO. 7, POST OFFICE GOWALTOLI, POLICE STATION ABADPUR, DISTRICT KATIHAR 3. THE SUPERINTENDENT OF POLICE, KATIHAR 4. THE OFFICER-IN-CHARGE, ABADPUR POLICE STATION, KATIHAR …………………………………………………………………..OPPOSITE PARTIES ********** 5 17/05/2010 Heard Counsel for the petitioner and the A.P.P. appearing on behalf of the State. The petitioner was taken into custody in C II Case No. 6 of 2001 for the offences under Sections 182/211 of the Indian Penal Code. As a result of having been taken into custody, the petitioner had to move for bail. The submission on behalf of the petitioner is that he was deliberately taken into custody with the help of the village Chowkidar who is supposed to be aware regarding the genuineness of the villager who reside in the village. On the basis of the aforesaid statement made on behalf of the petitioner, this Court had called for a report from the Superintendent of Police, Katihar. The Superintendent of Police, Katihar in the counter affidavit has categorically stated that the petitioner Md. 2 Sharif, son of Zainuddin, resident of village Bhawanipur, ward no. 5, Police Station Abadpur, district Katihar was arrested due to some confusion as he shares common name with one Md. Sarfuddin, son of late Naziruddin. Having accepted the fact that the petitioner has wrongly been shown as accused and was taken into custody, I direct the Superintendent of Police, Katihar should take action against the person who had deliberately taken the petitioner into custody. The petitioner shall of course be exonerated in the criminal case being C II Case No. 6 of 2001. This application is accordingly allowed. Anand ( Sheema Ali Khan, J.)