Mintu Kumar vs State Of Bihar on 27 June, 2011

             IN THE HIGH COURT OF JUDICATURE AT PATNA
                      CR.MISC. NO.31638 OF 2008
MINTU KUMAR, SON OF SATISH SINGH, RESIDENT OF VILLAR KARHARI,
POLICE STATION BHAGWANPUR, DISTRICT VAISHALI
                               VERSUS
                         THE STATE OF BIHAR
                               *********

2 27/06/2011 This application has been filed challenging the

order dated 14.05.2008 passed in Sessions Trial No. 18

of 2007 by which the Additional Sessions Judge, Fast

Track Court No. II, Vaishali at Hajipur has rejected the

application filed on behalf of the petitioner under Section

227 of the Code of Criminal Procedure.

The grounds raised on behalf of the petitioner

to discharge him for the offences under Section 307 and

other allied sections of the Indian Penal Code are that the

petitioner was on duty on the alleged date of occurrence

and as such could not have participated in the

occurrence.

The question of alibi has to be examined by the

Trial Court during the trial of the case. At this stage, it

cannot be a ground for discharging the petitioner for the

offences alleged.

This application is accordingly dismissed.

Anand                                                 ( Sheema Ali Khan, J. )