IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.163 of 2009 SULEMAN ANSARI Versus STATE OF BIHAR & ORS ----------- 3. 07.09.2009 Heard learned counsel for the petitioner and the State. The submission on behalf of the petitioner is that he is unnecessarily being hounded by the Police in Runnisaidpur P.S. Case No. 112 of 2007 (G.R. No. 1264 of 2007, Tr. No. 2399 of 2008, pending before the Judicial Magistrate, first class at Sitamarhi, as the alleged Driver of the Truck in question, which met an accident. Further submission is that the driving licence of the said Md. Suleman Ansari son of Ajij Ansari, resident of village- Rathtala, P.O. – Kanchrapara, District-Nadia was seized on the spot. Thereafter the licence has been manipulated with regard to its photograph by substituting that of the petitioner and, thus, the petitioner, who is a resident of village-Rampatti, P.S.-Dumra, District-Sitamarhi is being unnecessarily harassed and that he has nothing to do with the Truck in question or the accident. Counter affidavit has been filed on behalf of the Respondents. It states that the owner of the Truck appeared and produced all the relevant documents including the driving licence of the petitioner claiming that the petitioner was the Driver of the Truck in question when he was also produced at the Police Station and was granted bail on P.R. bond of the owner. The writ 2 application, therefore, has no merits. On the pleadings of the parties it appears that the writ application raises serious disputed facts. It is a matter of ascertainment, who was the Driver and whose driving licence was obtained, whose photograph was affixed on the driving licence, who was the person who was released on P.R. bond at the Police Station, whether there has been any manipulation in the driving licence by substitution of any photograph. These are all matters of fact to be decided by the court below based on evidence. The writ application is, therefore, disposed off with the observation that if the petitioner files any application in respect of the same before the court below, the same is required to be considered and disposed off in accordance with law by a reasoned and speaking order. AKS/ (Navin Sinha, J.)