IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ No.1158 of 2011 1. Subendra Rajbanshi S/O Shri Ramswarup Rajbanshi Resident Of Tola Sidepar Panditpur, P.S.- Rajgir, District- Nalanda. ……… petitioner Versus 1. The State Of Bihar Through The District Magistrate Nalanda 2. The Superintendent Of Police Nalanda 3. The Sub Divisional Police Officer Rajgir, Nalanda 4. The Police Sub Inspector Police Station - Rajgir, Nalanda 5. Pinki Devi W/O Late Shatrudhan Yadav @ Rohan Yadav ………. Opposite Parties. For the Petitioner:- Mr. Anisul Haque, Adv For the O.Ps. :- AC to AAG ---------------------------------- 2/ 20/12/2011 Heard learned counsel for the petitioner as well as learned AC to AAG-9. Petitioner has asked for directing the respondents not to arrest him in connection with Rajgir P.S. Case No. 169/2011 as well as Rajgir P.S. Case No. 202/2011 on the ground that his name appears to be Subendra Rajbanshi, son of Shri Ramswarup Rajbanshi, R/O Tola Sidepar Panditpur, P.S. Rajgir, Distt- Nalanda while FIR named accused happens to be Surendra Rajbanshi, son of Sarup Rajbanshi of Village Tola Sidepar Panditpur, P.S. Rajgir, Distt- Nalanda. Also submitted that police had taken requisition against Surendra Rajbanshi and not against Subendra Rajbanshi. Also submitted that he happens to be an elected 2 Ward Commissioner and so his identity is well known and well versed to police who now is putting pressure against the petitioner to surrender in place of Surendra Rajbanshi. On the other hand, learned AC to AAG-9 opposed and submitted that father’s name and village is same. There is only difference in Surendra/Subendra and that is only on account of local tune. Be that as it may, an innocent should not be harassed. Therefore, I.O. before trapping the petitioner should get the matter properly investigated whether the petitioner happens to be Surendra or not. With the aforesaid observation, the instant petition is disposed of. perwez (Aditya Kumar Trivedi,J.)