IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22540 of 2010 AMOD TIWARI @ AMOD KUMAR TIWARY, SON OF JANAK PRASAD TIWARY, R/O GANSH ASTHAN MANJHA, P.S. PHULWARIA, DISTT. GOPALGANJ. ------ PETITIONER. Versus THE STATE OF BIHAR ----------- 2. 09.03.2011 Heard the parties. The petitioner is aggrieved with the order dated 1.6.2010 passed in Gopalganj P.S. Case No. 18 of 2010 by the Chief Judicial Magistrate, Gopalganj, by which he has taken cognizance under Sections 302, 120(B)/34 of the Indian Penal Code and Section 27 of the Arms Act. It has been submitted that when the petitioner filed an application for verification on the point of his alibi which was done and indeed it was found that the petitioner was admitted in the Hospital despite which the charge sheet was submitted and cognizance was taken in the matter. Since alibi is a question of fact which can only be properly appreciated at the stage of trial, I am not inclined to interfere in the matter. The application is dismissed. S.Ali ( Anjana Prakash, J.)