IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.51213 of 2008 Arun Kumar Singh, son of Sri Satya Narayan Singh, resident of Mohalla Mela Road, Bhavedpur, PS and District Sitamarhi – Petitioner. Versus State Of Bihar ----------- 2 26.7.2011 HeardMr. Shankar Kumar, counsel fro the petitioner and the A.P.P. representing the State. The petitioner has challenged the order of cognizance, dated 2.12.2008 passed in Sitamarhi PS Case No. 158/2001 by the C.J.M. Sitamarhi for the offences under sections 364A and 120B of the Penal Code. Learned counsel for the petitioner submits that the petitioner is working in the Sugar Mill. He has wrongly been described as Arun Singh @ Tunna Singh. It is submitted that the elder brother of the petitioner Alok Singh was known as Alok Singh @ Tunna Singh. Therefore, according to the petitioner there is a dispute with respect to the identity of the persons involved in the occurrence. The court below on the basis of the fact that in one case Alok Singh and Tunna Siungh have been shown to be same persons, has taken cognizance in this case. The question as to whether the petitioner is Arun Singh @ Tunna Singh would depend upon evidence as it cannot be decided at the stage of cognizance. The petitioner would be at liberty to lead evidence regarding this aspect of the matter. At the present this court finds that the order of 2 cognizance cannot be quashed on the aforesaid ground. This application is disposed of with the aforesaid observation. haque ( Sheema Ali Khan, J.)