IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.31638 OF 2008 MINTU KUMAR, SON OF SATISH SINGH, RESIDENT OF VILLAR KARHARI, POLICE STATION BHAGWANPUR, DISTRICT VAISHALI VERSUS THE STATE OF BIHAR ********* 2 27/06/2011 This application has been filed challenging the order dated 14.05.2008 passed in Sessions Trial No. 18 of 2007 by which the Additional Sessions Judge, Fast Track Court No. II, Vaishali at Hajipur has rejected the application filed on behalf of the petitioner under Section 227 of the Code of Criminal Procedure. The grounds raised on behalf of the petitioner to discharge him for the offences under Section 307 and other allied sections of the Indian Penal Code are that the petitioner was on duty on the alleged date of occurrence and as such could not have participated in the occurrence. The question of alibi has to be examined by the Trial Court during the trial of the case. At this stage, it cannot be a ground for discharging the petitioner for the offences alleged. This application is accordingly dismissed. Anand ( Sheema Ali Khan, J. )