time of alleged occurrence he was
at Delhi. The plea of alibi is specific plea in the instant case.
In view of the above ... Court in order to ensure
proper inquiry in the matter as to alibi grant provisional bail to
the petitioner. Let the petitioner above named
present case, the court below has accepted the plea of alibi of
Opposite Party No.2 which is based on evidence on the record
case diary. The
plea of alibi has been taken on behalf of the petitioner. He was
admitted in the Hospital at Dhanbad.
On behalf
grant of anticipatory bail to Kishore Kunal on the
plea of alibi, then the presence of the petitioner itself became a
case of doubt.
Looking
submitted by the learned counsel for the
petitioner that his plea of alibi has been found to be correct during
the course of investigation
Misc. No.
58625 of 2017 and secondly, on the ground of alibi. By way of
referring to Annexure-2 to the petition, learned counsel ... exactly similar to the case of the
petitioner. So far as alibi regarding the petitioner is concerned,
at the stage of entertaining the anticipatory bail
India is concerned, in a
case of direct accusation such point of alibi has got no
Patna High Court Cr.Misc. No.72090
learned counsel for the petitioner has also raised the
plea of alibi which is said to have been substantiated during the
course of investigation
lower portion o n radius of right wrist.
The plea of alibi can only be seen at the time of trial.
Considering that there
guilty of committing the crime. Learned counsel further
submitted that even the alibi of appellant no. 1 has been falsified
by the Call Detail Record