IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.40076 OF 2009 ARUN KUMAR CHAUDHARY, SON OF LATE RAJENDRA CHAUDHARY, RESIDENT OF DINASAH LANE, MOHALLA MUNDRICHAK, POLICE STATION TILKAMAJHI, DISTRICT BHAGALPUR VERSUS THE STATE OF BIHAR ********* 2 04/02/2010 Heard learned Counsel for the petitioner and the A.P.P. appearing on behalf of the State. The petitioner challenges the order by which the Court below has refused to discharge him for the offences alleged to have been committed under Sections 452, 341, 307, 323, 380, 386 and 504/34 of the Indian Penal Code. The contention of learned Counsel for the petitioner is that he is not the CHOUDHARY JEE who is said to be the brother-in-law (SALA) of Pradeep Jaiswal. According to the petitioner, his voters list and Identity Card etc. would indicate that this is a case of mistaken identity. It is further submitted that the petitioner is 67 years old and has been facing the rigors of trial without actually being the person involved in this case. In my opinion, this Court cannot evaluate the documents produced by the petitioner at this stage of the case. The petitioner would be at liberty to produce materials and witnesses to show that he is not the 2 brother-in-law of Pradeep Jaiswal. This application is accordingly dismissed. Anand ( Sheema Ali Khan, J.)