IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32823 of 2008 1. Sanjiv Kumar Choudhary, Son of late Shew Bhagwan Choudhary, Director Gangotri Iron & Steel Co. Ltd. (GISCO), 314, Ashiana Towers, Exhibition Road, PS Gandhi Maidan, District Patna. 2. Girdhari Lal Khemka, Son of Late Chiranji Lal Khemka, Proprietor Bajra Cement Limited, Bihta, PS Bihta, at present residing at Narmada Apartment, Exhibition Road, PS Gandhi Maidan, District Patna. ---- Petitioners Versus 1. The State Of Bihar. 2. Vinod Kumar, Son of Shri Bhagwan Singh, Village Moharrumpur, Thana Bihata, District Patna. --- Opposite Parties ----------- 2 1.7.2011 This application has been filed for quashing the order of cognizance dated 3.1.2007 and the order dated 14.5.2008 passed by the Judicial Magistrate, 1st Class, Danapur in Complaint Case No. 671(C) of 2006 refusing to discharge the petitioners. According to the petitioners this criminal case filed against the petitioners is completely false and has been filed because the petitioners have purchased the lands from the Gotiya of the informant which they did not like. It is further stated that the petitioners have raised the issue alibi. In support of the alibi, one of the petitioners has produced the bill of the hotel where he was staying on his visit to Mussoorie. The Court has rejected it on the ground that the bill can be obtained by spending money. Although, this Court believes that the bill cannot be considered at this stage of discharge, but it would be wrong to reject it completely. The petitioners claiming alibi would have to produce evidence and by producing the proper evidence to substantiate the validity of the bill before it can be held to be valid document. Be that as it may, this Court is not inclined to consider 2 the ground raised including the ground of alibi for the purposes of discharging the petitioners. This application is dismissed. Sanjay ( Sheema Ali Khan, J.)