IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.193 of 2008 BRAJESH KUMAR @ BRAJESH RAM Versus THE STATE OF BIHAR & ORS ----------- 4 28.1.2009 Learned counsel for the petitioner submits that a F.I.R. being Hilsa P.S. Case No.355 of 2006 was instituted against one Brajesh Ram son of Suresh Ram, resident of Village-Tekabigha, P.S. Hilsa, District Nalanda. He submits that the materials coming in course of investigation points out towards the involvement of aforesaid accused as would be evident from the various requisitions made by the police that Brajesh Ram son of Suresh Ram, resident of Village-Tekabigha, P.S. Hilsa, District Nalanda is an accused. He further submits that no where prior to submission of charge sheet the petitioner has shown to be an accused. He submits that the petitioner is Brajesh Kumar son of Satya Narayan Singh of Village Tekabigha, P.O. Chandi, District Nalanda and the person named in the F.I.R. is Brajesh Ram son of Suresh Ram, resident of Village-Tekabigha, P.S. Hilsa, District Nalanda. In support of his contention learned counsel relied upon Matriculation Certificate dated 30.9.1999 (Annexure-1), Intermediate Certificate dated 24.7.2003(Anenxure-1/1), Certificate of B.A.(Hons) of Magadh University dated 1.1.2007(Anenxure-1/2), Caste Certificate dated 13.4.2005 (Annexure-1/3), Residential Certificate dated 7.6.2005(Annexure-1/4) and Character Certificate dated 12.6.2006 (Annexure-1/5) which goes to show that the petitioner is a different person than the accused person. - 2 - KHAN He further submits that the police also filed various requisitions as contained in Annexures-3, 3/1, 3/2, 3/3 and 3/4 for issuance of warrant of arrest, proclamation under section 82 Cr.P.C., attachment under section 83 Cr.P.C. against Brajesh Ram son of Suresh Ram, resident of Village-Tekabigha, P.S. Hilsa, District Nalanda A counter affidavit has been filed on behalf of the State stating therein that one Brajesh Kumar @ Brajesh Ram son of Suresh Ram @ Satya Narayan Singh of Village Tekabigha, P.O. Chandi, District Nalanda is the one and same person and he is an accused in the aforesaid case. Considering the facts and circumstances of the case, the trial court will look into all these aspects at that stage. With the aforesaid observation, this writ petition stands disposed of. (S.P.Singh,J)