IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32587 of 2006 RAJESH KUMAR Versus STATE OF BIHAR ----------- 5 06-08-2008 Heard the learned counsel for the petitioner as also the learned A.P.P. for the State. The petitioner is aggrieved by order dated 21.6.2006 passed by the learned Chief Judicial Magistrate, Sitamarhi in Riga P.S.Case No.35 of 2006, whereby he has taken cognizance against the petitioner of offences under Sections 274 I.P.C. and 47 A of the Excise Act. The primary grievance of the petitioner is that he is not the same Rajesh Prasad who has been impleaded as one of the accused in the fardbeyan as he belongs to Mohalla- Mirchaipatti within Sitamarhi Police Station in the District of Sitamarhi and that his father was Late Sheoji Sah. In support thereof he has submitted his PAN Card and Election Commission Identity Card. Whether he is the same Rajesh Prasad as named in the F.I.R. is question of fact which has to be ascertained by leading evidence. That apart the plea of his not being the same person is his defence which can be seen only at the time of framing of charge or at the trial by leading evidence which the petitioner wants to do. While disposing of this case, it is observed that the petitioner may raise all these issues at the time of framing of the charge or in course of the trial itself. ( Abhijit Sinha, J) NKS/-