IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.7837 of 2010 ASHUTOSH KUMAR PALIT @ ASHUTOSH KUMAR @ SUNIL KUMAR, son of Braj Kishore Prasad, resident of village- Inayatpur, P.S.& District- Nalanda ….Petitioner Versus 1. THE STATE OF BIHAR & 2. Raju Kumar, son of Nunu Ram, resident of village- Mari, P.S. and District- Nalanda …Opposite Parties ----------- 2/ 01.12.2010 Heard the parties. The petitioner has sought quashing of the order dated 12.08.2009 passed by the Additional Sessions Judge, 2nd, Nalanda at Biharsharif, in Sessions Trial No.252 of 2004, by which he has refused to discharge the petitioner. The petitioner has sought discharge on the plea of alibi. It is well known that plea of alibi is a question of fact which has to be decided in trial. The application is dismissed. JA/- (Anjana Prakash, J.)