IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32608 of 2006 MANOJ SAH, S/o Late Jharu Sah, resident of village – Jhangirpur Baisi, P.S. – Gopalpur, District – Bhagalpur. …. Petitioner. Versus 1. THE STATE OF BIHAR 2. SONU SAH, S/o Late Biru Sah, resident of village – Jhangirpur Baisi, P.S. – Gopalpur, District – Bhagalpur. …. Opp. Parties. ----------- 11/ 22.04.2009 Heard learned counsel for the petitioner, learned counsel for O.P. No. 2 and learned APP for the State. Vide order dated 17.10.2005 the petition dated 10.8.2005 filed on behalf of the present petitioner has been rejected by the learned Judicial Magistrate, wherein objection was raised that the evidence given by one Gani Mian was not the evidence of Gani Mian, but one Md. Hanif, who impersonated for Gani Mian. Though, no doubt there is some reflection that both of them are brothers with common parentage. I have gone through the impugned order and the reasoning given by the learned Magistrate and prima facie, I do not find any infirmity in the reasoning furnished in the matter. But merely because the petitioner did not raise an objection immediately on the issue it does not mean that the court is precluded form satisfying itself that the evidence tendered in the name of Gani Mian has been tendered by the right person and not by an imposter with the object of maintaining the purity of justice. This is one aspect, which shall be looked into by the trial court at - 2 - appropriate time while passing the final order in accordance with law. This application is allowed with the above observation. DKS/ (Ajay Kumar Tripathi, J.)