Indal Mukhia And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 11275 of 2018 Arising Out of PS. Case No.- 42 Year- 2016Thana- Sangrampur District- East Champaran ======================================================

1. Indal Mukhia,

2. Ramchandra Mukhia @ Ramsundra Mukhiya,

3. Indrajit Mukhia, All sons of Lalbaboo Mukhia, Resident of Village- Koirganawa, P.S.- Sangrampur, District- East Champaran.

... ... Petitioners

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Anuj Kumar For the Opposite Party/s :

Mr. Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

28-02-2018 Heard Sri Anuj Kumar, learned counsel for the petitioners and Sri Madan Kumar, learned Addl. Public Prosecutor.

The present petition has been filed with a prayer to modify order dated 29-11-2017 passed in Cr. Misc. No. 37636 of 2017 to the extent of extending time for surrendering. Learned counsel for the petitioners tried to persuade the Court that due to the reasons beyond control of the petitioners, they failed to appear before the court below within time specified by this Court.

However, I am of the opinion that once an order is passed in a criminal matter, in normal course, there is no reason to

Patna High Court Cr.Misc. No.11275 of 2018(2) dt.28-02-2018 2/2 modify such order, unless there is typographical or clerical error, otherwise, it is hit by Section 362 of the Code of Criminal Procedure, 1973.

Accordingly, the petition stands dismissed.

(Rakesh Kumar, J.) anay U T