Binod Prasad Singh @ Vinod Singh v. The State Of Bihar Through The Its Principal Secretary, Home Deptt., Govt. Of Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.791 of 2021 Arising Out of PS. Case No.- Year-0 Thana- District- Patna ====================================================== Binod Prasad Singh @ Vinod Singh Son of Kishori Singh, Resident of Village - Baikathpur Duanni Tola, P.O. - Baikathpur, Police Station - Khusrupur, District - Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through the its Principal Secretary, Home Department, Govt. of Bihar, Patna.

2.

The Director General of Police Bihar, Patna.

3.

The Senior Superintendent of Police, Patna Bihar. 4.

The officer- In- Charge of Police Station Khusrupur, Patna. 5.

The officer - In - Charge Bakhtiyarpur, Police Station, Patna. 6.

The officer - In- Charge, G.R.P. Police Station, Patna. 7.

The officer - In- Charge, Police Station, Alamganj, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Subhash Patel, Adv.

For the Respondent/s :

Mr. Prabhat Kumar Verma, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 22-03-2023 Heard learned counsel for the petitioner and learned counsel for the State.

The present Cr. Writ Petition has been filed seeking protection at the hands of respondents by Police as petitioner has been made accused in several cases by name of Manoj Singh son of Kishori Singh.

Learned counsel for the petitioner submits that there are in total 13 criminal cases pending against one Manoj Singh son of Kishori Singh but processes have been issued against the

Patna High Court CR. WJC No.791 of 2021(2) dt.22-03-2023 2/2 petitioner only. He further submits that petitioner has Aadhar card and other certificates, by which, he is showing that petitioner is not Manoj Singh son of Kishori Singh rather he is Binod Prasad Singh @ Vinod Singh son of Kishori Singh. Learned counsel for the State submits that this Hon'ble Court in writ jurisdiction may not decide the disputed question of facts particularly when the identity of petitioner is in question.

Upon hearing the submission, this Court is of the view that Article 226 and 227 of the Constitution is not correct forum to resolve such dispute that whether petitioner is actually Binod Prasad Singh @ Vinod Singh son of Kishori Singh or Manoj Singh son of Kishori Singh against whom 13 criminal cases are pending, as such, the present Cr. Writ Petition is hereby rejected.

Liberty is hereby granted that petitioner may move before appropriate forum for deciding the said dispute. (Dr. Anshuman, J.) ritik/- U T