IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40230 of 2008 SHAILESH YADAV @ SHAILESH PRASAD Versus THE STATE OF BIHAR ----------- 2 20.4.2009 Heard learned counsel for the parties. Petitioner is seeking quashing of the F.I.R. in Alamganj (Agamkuan) P.S. Case No.21 of 2007 registered under section 396 of the Indian Penal Code on the ground that on the day of said alleged offence petitioner was already in judicial custody in yet another case of similar kind. That by itself shows that the implication of the petitioner is false. Petitioner submission is the question of alibi, the authenticity of which can be tested and decided at the appropriate time during the course of trial before the appropriate forum. But that cannot be a ground for quashing the present application. This application is dismissed with liberty to the petitioner to invoke the appropriate forum with appropriate submission at the appropriate time. RPS (Ajay Kumar Tripathi,J.)