IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39985 of 2008 Ayaz Ahmad @ Ejaj @ Adwani Versus State Of Bihar ----------- 2 4.7.2011 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. The petitioner is aggrieved by the order dated 14.8.2008 passed in Sessions Trial No. 59 of 2008 arising out of Barharia P.S. Case No. 16 of 2006 by the Fast Track Court No. V, Siwan. Learned counsel for the petitioner submits that in the First Information Report one Adwani has been named as an accused. Processes were issued to Adwani, Son of not known which were returned unserved as there was no such person known as Adwani. It is submitted that later on the police has added this petitioner as one of the accused. On the basis of the aforesaid facts, learned counsel for the petitioner submits due to mistaken identity the petitioner is now made to face trial under Section 302 of the Indian Penal Code. Liberty is granted to the petitioner to show to the Court during the trial that he is not “Adwani” named in the First Information Report rather he is a separate individual. At this stage, this Court cannot consider this aspect of the matter. This application is thus, disposed of with the aforesaid observation. Sanjay ( Sheema Ali Khan, J.)