IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.1075 of 2009 HIMANSHU THAKUR @ DEEPU THAKUR Versus STATE OF BIHAR & ORS ----------- 4 03.03.2011 Heard learned counsels for the petitioner and the State. The claim of the petitioner is that although he is not accused at all, he is being proceeded with in the case. Learned counsel for the State, on the other hand, submits that the petitioner is the accused no.4 in the complaint, however in the complaint only his alias name has been mentioned instead of his full name i.e. Himanshu Kumar Thakur. Considering the submissions of the parties, these are the disputed questions of the fact which needs to be considered by the trial Court before the commencement of the trial. Accordingly, the Court below is directed to consider the claim of the petitioner before the commencement of the trial as to whether petitioner is an accused in the complaint or not. The writ application stands disposed of with the above observations/directions. Manish/- ( Shailesh Kumar Sinha,J.)