IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7034 of 2008 GOPAL YADAV, son of Shyam Lal Yadav, resident of Village – Kasba Tinpaniya, Police Station – Kasba, District – Darbhanga. ____ Petitioner Versus THE STATE OF BIHAR ____ opposite party ----------- 02. 9/4/2009 The contention of the learned counsel for the petitioner is that he has cogent and unimpeachable evidence to show that on the date of so-called crime petitioner was already in jail custody in relation to yet another case. Therefore, there is no occasion for his being involved in the present case. He is seeking quashing of the order by which learned Fast Track Court No.8, Purnea has rejected the petition of the petitioner for discharge. The submission of the learned counsel for the petitioner comes within the ambit what is known as alibi which may be good defence depending upon the veracity of that alibi. It is a matter of evidence and the same can only be tested at the trial. The court has committed no wrong in rejecting the petition for discharge on this issue but needless to say that this is an issue which must be looked into by the trial court at an appropriate stage when the matter is raised by the petitioner in this case since it is a question of his judicial custody on the date in question. The quashing application is dismissed with the above observation. rkp (Ajay Kumar Tripathi, J)