IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5975 of 2009 MAHESH PASWAN, S/o Ram Aashray Paswan, R/o Village-Katari, P.S.-Chandauti, District-Gaya. Versus 1. THE STATE OF BIHAR. 2. Pintu Kumar, S/o Nanhak Prasad, R/o Village-Jhari, P.S.-Amas, District-Gaya, Khalasi of Truck bearing Reg. No. BR-2G-1809. ----------- 02. 18.08.2010 The petitioner seeks quashing of the order of cognizance on the ground that the court below has differed with the final report even though during investigation the alibi of the petitioner was tested and found to be true. In my view, the impugned order suffers from no illegality since the question of alibi can be tested only during trial. In view of such, this application is dismissed. Vikash/- (Anjana Prakash, J.)