IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45603 of 2009 AMIT PRAKASH SINGH @ AMIT KUMAR SINGH Versus STATE OF BIHAR ----------- 2. 24.2.2010. Heard. The only new fact upon which the present renewal prayer has been made is that the petitioner was remanded to custody by A.C.J.M., Varanasi in connection with an offence under the Indian Railways Act as the petitioner could not pay up a fine of Rs.500/-. It was contended that the petitioner was released on 28.7.2007 and it was simply absurd to believe that the petitioner could be at the place to be the assailant of one of the deceased. The court believes that it could be a fact which could be verified and decided on the balance of probabilities and fixed principles of evidence on the proof of a plea of alibi. Moreover, this plea does not appear to be raised during the earlier hearing on the prayer of the petitioner. Considering the nature of the allegation that the petitioner is one of the assailants of deceased, I do not find any merit in the renewal prayer. The same is dismissed. B.Kr. ( Dharnidhar Jha, J. )