IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.22540 of 2010
AMOD TIWARI @ AMOD KUMAR TIWARY, SON OF JANAK PRASAD
TIWARY, R/O GANSH ASTHAN MANJHA, P.S. PHULWARIA, DISTT.
GOPALGANJ.
------ PETITIONER.
Versus
THE STATE OF BIHAR
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2. 09.03.2011 Heard the parties.
The petitioner is aggrieved with the order dated
1.6.2010 passed in Gopalganj P.S. Case No. 18 of 2010 by the
Chief Judicial Magistrate, Gopalganj, by which he has taken
cognizance under Sections 302, 120(B)/34 of the Indian Penal
Code and Section 27 of the Arms Act.
It has been submitted that when the petitioner filed
an application for verification on the point of his alibi which was
done and indeed it was found that the petitioner was admitted in
the Hospital despite which the charge sheet was submitted and
cognizance was taken in the matter.
Since alibi is a question of fact which can only be
properly appreciated at the stage of trial, I am not inclined to
interfere in the matter.
The application is dismissed.
( Anjana Prakash, J.)
S.Ali