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Patna High CourtCR. MISC./28155/2025dismissed

Raj Kumar Sah @ Khakhnu Sah v. The State Of Bihar

2025-08-14Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28155 of 2025 In CRIMINAL MISCELLANEOUS No.68087 of 2019 Arising Out of PS. Case No.-344 Year-2019 Thana- BHOJPUR COMPLAINT CASE District- Bhojpur ====================================================== 1.

Raj Kumar Sah @ Khakhnu Sah Son of late ramji Sah Resident of VillSahjauli, PS- Shahpur, Dist- Bhojpur 2.

Rajesh Sah @ Makhanu Sah @ Rajesh Kumar Sah Son of Late Ramji Sah Resident of Vill- Sahjauli, PS- Shahpur, Dist- Bhojpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Kanhaiya Prasad Rajak Son of Late Shiv Balak Rajak village- Shuhiya, Psshahpur, Dist- Bhojpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raju Prasad, Tetora Kumari, Advocate For the Opposite Party/s :

Mr.Surendra Prasad Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-08-2025 Heard learned counsel for the petitioners and the State

2. This modification petition has been filed for modification of order dated 6.3.2020, passed in Cr.Mis.No. 68087 of 2019.

3. At the outset, learned counsel for the State opposed the modification petition and submitted that this petition has been moved after the inordinate of more than five years of passing of said order. Learned counsel submits that to modify an order, petitioners should come to the Court in time and he

Patna High Court CR. MISC. No.28155 of 2025(2) dt.14-08-2025 2/2 must demonstrate that there has been a significant change in circumstances since the original order was passed.

4. Considering the fact that this modification petition has been filed after gross delay of more than 5 years and petitioners have not satisfied the Court that they were prevented from sufficient cause in preferring this modification petition within time. Accordingly, this modification petition is dismissed.

(Prabhat Kumar Singh, J) Shashi U T