IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.620 of 2010 BHAGWAN SINGH, SON OF LATE KAILASH SINGH, RESIDENT OF VILLAGE – MORATH, P.S. – UDWANT NAGAR, DISTRICT- BHOJPUR ……………….. PETITIONER VERSUS 1. THE STATE OF BIHAR THROUGH SUPERINTENDENT OF POLICE, BHOJPUR, ARA 2. SUPERINTENDENT OF POLICE, BHOJPUR, ARA 3. DEPUTY SUPERINTENDENT OF POLICE, BHOJPUR, ARA 4. OFFICE IN CHARGE OF UDWANT NAGAR POLICE STATION, P.S.-UDWANT NAGER, DISTRICT - BHOJPUR, ARA 5. MD. SAKIL KHAN, ASSISTANT SUB INSPECTOR, UDWANT NAGAR POLICE STATION, P.S. – UDWANT NAGAR, DISTRICT - BHOJPUR, ARA 6. SHRI B. BHARDWAJ, JUDICIAL MAGISTRATE, 1ST CLASS, BHOJPUR, ARA ……………. RESPONDENTS ----------- 04. 06.08.2010 Heard counsel for the petitioner and the counsel appearing for the State. Counter Affidavit has been filed on behalf of respondent nos. 1 and 2, State of Bihar and Superintendent of Police, Bhojpur, Ara. The petitioner Bhagwan Singh is the father of Dhananjay Singh @ Rana Pratap Singh. This application has been filed for issuance of writ in the nature of habeas corpus, directing the respondents to release petitioner’s son Rana Pratap Singh, since he has been kept in illegal confinement on account of his remand in connection with Jagdishpur (Ayar) P. S. Case No. 213 of 2004, treating him to be a named accused, Dhananjay Singh. 2 The petitioner’s case is that Dhananjay Singh is a named accused in the F.I.R. of Jugdishpur (Ayar) P. S. Case No. 213 of 2004. The warrant of arrest in connection with this case was issued in the name of Dhananjay Singh, but Rana Pratap Singh was remanded under Section 167 Cr.P.C. treating him to be Dhananjay Singh. This remand is illegal and that makes his judicial custody, an illegal confinement. For this reason his son Rana Pratap Singh be directed to be released. On perusal of different documents annexed with the writ application by the petitioner, we find that the Judicial Magistrate, 1st Class, Bhojpur, Ara vide Order dated 26.04.2010 (Annexure-3) has considered this aspect of the matter. The petitioner had raised similar issue before the Judicial Magistrate, 1st Class, Bhojpur, Ara and by Order dated 26.04.2010, he had directed the Investigating Officer to conduct an enquiry in this regard, so that the identity of Rana Pratap Singh and Dhananjay Singh be established. The opportunity had also been given to Bhagwan Singh, the petitioner, for producing all relevant documents in support of his claim. Subsequent to the submission of the enquiry report and on consideration of documents, released by 3 the petitioner in support of his claims that person detained as Dhananjay Singh is Rana Pratap Singh, the Judicial Magistrate, 1st Class, passed a detailed Order on 28.05.2010. This is a well considered Order, where clinching evidence has been discussed in the form of station diary entry, dated 27.07.2006, registered on the basis of report of Sarpanch, Kameshwar Singh, indicating that the Dhananjay Singh is the alias name of Rana Pratap Singh, who is a veteran criminal and in committing offences, he usually conceals his real name Rana Pratap Singh, and the name which is disclosed on such places is Dhananjay Singh. On consideration of this Order, we do not find that there is any reason for interference in this application. Otherwise also, the petitioner can raise all these issues before the competent Court, which is in seisin of the matter. This application is dismissed. S.K.M. (Mridula Mishra, J.) (Dharnidhar Jha, J.)