Uma Singh @ Mohan Das @ Mohan Singh v. The State Of Bihar Through Chief Secretary, Govt. Of Bihar At Patna And ORS.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.47 of 2015 ====================================================== Uma Singh @ Mohan Das @ Mohan Singh .... .... Petitioner

Versus

The State of Bihar Through Chief Secretary, Govt. of Bihar At Patna & Ors. .... .... Respondents ====================================================== Appearance :

For the Petitioner : Shri Amresh Kumar Sinha, Advocate. For the Respondents : Shri Vikash Kumar, APP. ====================================================== CORAM: HONOURABLE SHRI JUSTICE DHARNIDHAR JHA and HONOURABLE SHRI JUSTICE AMARESH KUMAR LAL ORAL ORDER (Per: HONOURABLE SHRI JUSTICE DHARNIDHAR JHA) 19-01-2015 Heard.

This petition appears not maintainable, inasmuch the petitioner has been arrested and remanded in connection with Sessions Trial Nos.180 of 1984,852 of 1984 and 227 of 2009 pending in the Court of learned Ist Additional Sessions Judge, Nawada.

The grievance of the petitioner was that he was not Uma Singh son of Badri Singh, resident of village-Sakarpura, District-Nawada, rather he was Mohan Das and he has wrongly and illegally been arrested and remanded in connection with the above case.

We cannot at this stage hold an enquiry as there is valid judicial order remanding the petitioner to custody. However, considering that the petitioner had raised this

Patna High Court Cr. WJC No.47 of 2015 (2) dt.19-01-2015 issue before the court concerned, we may request the Court to hold an enquiry through an appropriate proceeding during trial so as to fixing the identity of the petitioner and deciding the petition which has been filed, as per the submission, before it. The petition stands dismissed with the above observation.

(Dharnidhar Jha, J) (Amaresh Kumar Lal, J) B.Kr./-V.K.Pandey.

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