IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.1289 of 2010 JABUDDIN KHAN, S/o. Late Allauddin Khan, resident of village – Salimnagar, Ziktia, P.S. – Maheshpur, District – Khagaria. ................ Petitioner. Versus 1. THE STATE OF BIHAR. Through the Director General of Police, Patna. 2. The Superintendent of Police, District – Khagaria. 3. The Officer in Charge, Police Station – Maheshkut, District – Khagaria. ................ Respondents. ----------- 04/ 04.02.2011 A highly disputed question of fact was raised in this writ petition filed for issuance of a writ of habeas corpus, alleging that petitioner has been wrongly sent to jail due to error in identifying the actual under trial accused, Jabuddin Khan. On behalf of the State a counter affidavit has been filed enclosing therewith relevant part of the voter list, certificate issued by the concerned Mukhiya and an inquiry report by concerned police station dated 08.12.2010 to support the plea of the State that the petitioner is under trial accused. Earlier on 17th January, 2011 one week time was prayed for on behalf of the petitioner for filing reply to counter affidavit. No reply has been filed nor 2 has anybody appeared on behalf of the petitioner. In the facts of the case, this writ petition is dismissed. Kundan (Shiva Kirti Singh, J.) (Gopal Prasad, J.)