Abhay Singh And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43071 of 2014 Arising Out of PS.Case No. -100 Year- 2013 Thana -PIPRAKOTHI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Abhay Singh S/o Satrughan Singh Resident of village- Rudal Pakri, P.S.- Piprakothi, District- East Champaran.

2. Pramod Singh S/o Late Laxmi Sinmgh Resident of village- Rudal Pakri, P.S.- Piprakothi, District- East Champaran.

.... .... Petitioners

Versus

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

For the Petitioners : Mr. Binod Kumar Mishra For the Opposite Party : Mr. Anant Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 01-11-2017 Heard learned Counsel for the petitioners as well as the learned Counsel for the State.

Learned Counsel for the petitioners submits that both the petitioners were working at different places and were not present at the place of occurrence.

However, there is allegation in the FIR itself that the petitioners were also present along with others and one of the accused shot dead the deceased. There is case and counter case. The plea of alibi may be proved by the petitioners at the time of trial. Disputed questions of fact cannot be considered at this stage.

So there is no material to interfere with the

Patna High Court Cr.Misc. No.43071 of 2014 (3) dt.01-11-2017 cognizance order.

The application stands dismissed.

However, the petitioners may raise the plea of alibi at the appropriate stage.

(Arun Kumar, J.) Snkumar/- U T