IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC NO.116 OF 2010 BIJAY KUMAR KESHRI, SON OF LATE RAM PRASAD KESHRI, RESIDENT OF TARI MOHALLA, ARA, POLICE STATION ARA TOWN, IN THE TOWN OF ARA AND IN THE DISTRICT OF BHOJPUR……………………………………………………..PETITIONER VERSUS 1. THE STATE OF BIHAR THROUGH THE DISTRICT MAGISTRATE, PATNA 2. THE SENIOR SUPERINTENDENT OF POLICE, PATNA 3. THE CITY SUPERINTENDENT OF POLICE, PATNA 4. THE SUPERINTENDENT OF POLICE, BHOJPUR, ARA 5. THE OFFICER INCHARGE, KANKARBAGH POLICE STATION, PATNA 6. THE OFFICER INCHARGE, ARA TOWN POLICE STATION IN THE TOWN OF ARA, DISTRICT BHOJPUR…………………………………….….RESPONDENTS *** 3. 23.02.2010 Heard learned counsel for the petitioner and learned counsel for the State. In this case petitioner contends that one of the accused persons arrested from the spot in connection with Kadam Kuan (Kankarbagh) P.S. Case No.475 of 1996 impersonated himself as petitioner and later on, he was allowed bail and thereafter he absconded. Now this petitioner, although not at all involved in the case, has been declared absconder and permanent warrant of arrest has been issued against him and is facing threat of arrest. Learned counsel for the petitioner - 2 - submits that petitioner is ready to present himself before the court below with a prayer to verify the identification of the absconding accused vis-à-vis this petitioner from the records of the court and ascertain true identity of the person so absconding. In the circumstances, petitioner is directed to appear before the court of Sri Umesh Kumar, Judicial Magistrate, Ist Class, Patna on 8th of March, 2010. The court shall call for the original records of the case and shall, prima facie, get satisfied with regard to identification of the accused on the basis of vakalatnama and other documents available on record. In case the court is, prima facie, of the opinion that the petitioner is a different person than the person, who was allowed bail and has absconded, the court will allow the petitioner provisional bail for such time till a thorough enquiry is made in the matter. In case the court feels it appropriate, it may get the signatures available on record verified from any handwriting expert or in such manner it may deem fit and may get any enquiry held as it may deem fit ad proper. Enquiry should be - 3 - completed preferably within a period of two months. After enquiry is complete, the court below will be at liberty to pass appropriate orders in the matter in accordance with law. The writ application is disposed of with the aforesaid observations and directions. Let the order be communicated to the court below through FAX at the cost of the petitioner. B.T. (J.N. Singh, J.)