IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.42397 OF 2007 MOKHTAR ALI, SON OF HABIB MIAN, RESIDENT OF VILLAGE BANSHI BATRAHAN, POLICE STATION PHULWARIA, DISTRICT GOPALGANJ VERSUS THE STATE OF BIHAR AND OTHERS ********* 5 13/12/2010 The petitioner has filed an application before the Court below for discharging him for the offences under Section 420 and 419 of the Indian Penal Code. The allegation in the First Information Report is that one Md. Islam Ansari and Md. Rais had claimed their salary as Assistant Teachers. It is said that Md. Islam Ansari was absent from work for past 16 years. The petitioner claims that he is not Md. Islam Ansari nor is he Md. Rai. It is emphasised that there is a report to indicate that the petitioner’s name and parentage is different to the accused persons. These aspects of the matter would have to be proved during the trial of this case. This Court cannot pass any positive order coming to the findings regarding the identification of the petitioner. This application is accordingly dismissed. Anand ( Sheema Ali Khan, J. )