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Patna High Court

Kanhaya KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The application is disposed of, granting the petitioners' counsel liberty to file an alibi representation and withdraw the application.

Summary

The petitioners, a group of individuals from Sihma village, were implicated in a criminal miscellaneous case (No.14072 of 2024) arising from an alleged occurrence in Begusarai. Their counsel submitted that the petitioners were not present at the time of the alleged incident and sought to file a detailed representation invoking the plea of alibi before the supervising authority. The counsel also requested permission to withdraw the pending application. The Hon'ble Justice Praveen Kumar granted the liberty to the petitioners' counsel to file the alibi representation and to withdraw the application. Consequently, the court disposed of the application with the aforesaid liberty. No substantive merits of the alibi plea were adjudicated in this order.

Issues considered

  • Whether the petitioners' counsel may be granted liberty to file an alibi representation before the supervising authority
  • Whether the pending application can be withdrawn by the petitioners

Subjects

  • alibi
  • criminal procedure
  • application withdrawal
  • high court
  • procedural liberty

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14072 of 2024
                 Arising Out of PS. Case No.-373 Year-2023 Thana- BEGUSARAI TOWN District- Begusarai
                 ======================================================
           1.     Kanhaya Kumar Fulena Singh R/o Village- Sihma P.S.- Matihani P.O.-
                  Sihma District- Begusarai
           2.    Chandan Kumar @ Buddhan Fulena Singh R/o Village- Sihma P.S.-
                 Matihani P.O.- Sihma District- Begusarai
           3.    Raushan Kumar Fulena Singh R/o Village- Sihma P.S.- Matihani P.O.-
                 Sihma District- Begusarai
           4.    Amanraj Singh @ Krishna Fulena Singh R/o Village- Sihma P.S.- Matihani
                 P.O.- Sihma District- Begusarai
           5.    Saurabh Singh @ Chhotu @ Saurabh Kumar Fulena Singh R/o Village-
                 Sihma P.S.- Matihani P.O.- Sihma District- Begusarai
           6.    Shashi Kumar Late Rajeshwari Singh R/o Village- Sihma P.S.- Matihani
                 P.O.- Sihma District- Begusarai
           7.    Prashant Kumar Sashi Kumar R/o Village- Sihma P.S.- Matihani P.O.-
                 Sihma District- Begusarai

                                                                                 ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar Bihar
           2.    Piyush Kumar Sanjeev Kumar Singh R/o Village- Sihma P.S.- Matihani
                 P.O.- Sihma District- Begusarai

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Santosh Kumar, Advocate
                 For the Opposite Party/s :      Mr.Abhay Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   23-03-2026                     Learned counsel for the petitioners has made a

                   submission that petitioners were not present at the time of the

                   alleged occurrence and prays that he would be filing a detailed

                   representation taking plea of alibi before the supervising

                   authority. With the aforesaid liberty, the learned counsel for the

                   petitioner prays for withdrawal of the application.
             Patna High Court CR. MISC. No.14072 of 2024(2) dt.23-03-2026
                                                         2/2




                                    2. This application is disposed of with the aforesaid

                       liberty.



                                                  (Praveen Kumar, J)
vashudha/-

U      T


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