Patna High CourtCR. MISC./12008/2017dismissed

Madan Prasad v. State Of Bihar And ANR

2017-03-15Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12008 of 2017 ====================================================== Madan Prasad, son of Late Motilal Sah, Proprietor M/s Jagdamba Rice Mill, Shyampur, P.S.- Adapur, District- East Champaran. .... .... Petitioner

Versus

1. The State of Bihar.

2. The District Manager, SFC, East Champaran. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. Sri Ram Sumiran Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 15-03-2017 Heard Sri Sanjay Kumar, learned counsel for the petitioner, Sri Ram Sumiran Roy, learned Addl. Public Prosecutor as well as Sri Shailendra Kumar Singh, learned counsel for Opp.Party no.2/Bihar State Food and Civil Supplied Corporation. The present petition has been filed with a prayer to modify the order dated 30.11.2016. In sum and substance, a prayer has been made to extend the period of appearance of the petitioner before the court below. Earlier, while disposing of anticipatory bail petition of the petitioner i.e. Cr.Misc.No.33169 of 2016, this Court had observed that if so advised ,the petitioner may appear before the court below and make a prayer for regular bail and try to persuade the court below that he has already deposited the amount , so that the learned court below may examine the same

Patna High Court Cr.Misc. No.12008 of 2017 (2) dt.15-03-2017 2/2 and pass appropriate order in accordance with law but all the formalities were to be done within a period of six weeks from the date of order. The order was passed on 30.11.2016 and the present petition has been filed much after expiry of six weeks i.e. on 08.03.2017 with a prayer for extension of time. Normally, once in a case filed under the provisions of Cr.P.C., an order is passed, no order is required to be modified.

The petition stands dismissed.

(Rakesh Kumar, J) NKS/- U T