Rajesh Kumar Gupta @ Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49368 of 2014 Arising Out of PS.Case No. -19 Year- 2011 Thana -MEERGANJ District- GOPALGANJ ====================================================== Rajesh Kumar Gupta @ Rajesh Kumar Son of Paras Nath Prasad @ Paras Nath Gupta Resident of Mirganj (North Tola), P.S -Mirganj, Distt.- Gopalganj, at present residing at Raxsaul ward no.21, P.S-Raxaul, Distt.- East Champaran.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s : Mr. Shivendra Kumar Sinha, Advocate. For the Opposite Party/s : Mr. Ram Naresh Ray, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 13-10-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Learned counsel for the petitioner relies upon Annexure-2 to show that in fact this is a case where the identity of the accused itself is in question.

This Court has perused the record. The question of identity of an accused cannot be gone into in an application under Section 482 Cr.P.C. The petitioner, if so advised, may raise this plea at appropriate stage in course of trial. The application is dismissed at this stage.

(Rajeev Ranjan Prasad, J) Dilip, AR U T