IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC NO.648 OF 2009 RAVIKANT OJHA, SON OF JAINANDAN OJHA, RESIDENT OF VILLAGE – JARAN RAMPUR, P.S. BELSAR, DISTRICT VAISHALI…………………………………………………....PETITIONER VERSUS 1. THE STATE OF BIHAR, THROUGH THE SECRETARY, DEPARTMENT OF HOME AND POLICE, GOVERNMENT OF BIHAR, PATNA 2. THE DIRECTOR GENERAL OF POLICE, BIHAR, PATNA 3. THE SUPERINTENDENT OF POLICE, VAISHALI, BIHAR 4. THE SUPERINTENDENT OF POLICE, TOWN, MUZAFFARPUR, BIHAR 5. MR. UDAY PRATAP SINGH, SON OF NOT KNOWN, OFFICER INCHARGE, KAZIMOHAMAD POLICE STATION, MUZAFFARPUR 6. MR. KRISHNA DEV DAS, SON OF NOT KNOWN, INVESTIGATING OFFICER, KAZIMOHAMAD POLICE STATION, MUZAFFARPUR 7. MR. ALAKH DEV SINGH, SON OF NOT KNOWN, S.I. KAZIMOHAMAD POLICE STATION, MUZAFFARPUR, BIHAR 8. MR. NAGENDRA KUMAR, SON OF NOT KNOWN, S.I. KAZIMOHAMAD POLICE STATION, MUZAFFARPUR………………………………………………………RESPONDENTS --------------------------- 2. 22.02.2010 Heard learned counsel for the petitioner and learned counsel for the State. In this writ application, petitioner has claimed mistake of identity on the part of the police officer in implicating the petitioner in the case. It is submitted by learned counsel for the petitioner that accused was Uma Kant Ojha, who was arrested and he identified himself as Ravikant Ojha, petitioner and was allowed bail. Now this petitioner is being harassed on account of this deliberate misrepresentation - 2 - made by said Uma Kant Ojah, who is said to be now dead. The brother of the petitioner has filed an application before the Deputy Inspector General of Police (D.I.G.), Muzaffarpur for necessary enquiry into the matter which is said to have been sent by the speed-post. The question of identity of the petitioner has to be verified by the police for further steps in the case. Therefore, this writ application is disposed of with liberty to the petitioner to appear with the D.I.G. Muzaffarpur personally and pray for verification of his identity. If petitioner appears and files such an application, the D.I.G., Muzffarpur shall be well-advised to get an enquiry held in reference to the materials available with the police in respect of actual identity of the accused and thereafter take proper steps in accordance with law. The writ application is disposed of with the aforesaid observations and directions. If the petitioner appears before the D.I.G., Muzaffarpur, he will be at liberty to issue further direction, if he feels - 3 - appropriate, staying further proceeding against the petitioner in respect of the case till the enquiry in this respect is complete. B.T (J. N. Singh, J.)