Patna High CourtCR. MISC./61079/2023dismissed

Arun Kumar v. The State Of Bihar

2023-09-15Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61079 of 2023 In CRIMINAL MISCELLANEOUS No.1921 of 2023 Arising Out of PS. Case No.-372 Year-2021 Thana- ATRI District- Gaya ====================================================== ARUN KUMAR S/O BABURAM SINGH RESIDENT OF VILLAGEGANGATI, PS. ATRI, DIST. GAYA ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bindeswari Singh, Adv.

For the Opposite Party/s :

Mr.Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 15-09-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

This application has been filed for modification of the order dated 20.03.2023 passed in Cr. Misc. No. 1921 of 2023 by which the petitioner had been granted anticipatory bail by this Court.

Modification of the order, as aforesaid, is sought on behalf of the petitioner to the extent of criminal antecedent part which is stated to have been mistakenly mentioned in the main petition as one case is pending against the petitioner whereas petitioner, according to him, is accused in two more cases. This modification application appears to be in the nature of supplementary affidavit as the petitioner is trying to bring on record another fact with the respect to his criminal antecedent

Patna High Court CR. MISC. No.61079 of 2023(2) dt.15-09-2023 2/2 that too after passing of the final order, for which the Court is of the opinion that such practice is not proper and justifiable in any count and appears to be a matter of suppression of fact. Taking note of lackadaisical approach of the petitioner this Court would rely on Section 362 of the Cr.P.C., which is quoted herein-below:

"362. Court not to after judgment. Save as otherwise provided by this Code or by any other law for the time being in force, no Court, when it has signed its judgment or final order disposing of a case, shall alter or review the same except to correct a clerical or arithmetical error."

In view of intent of Section 362 Cr.P.C., this Court is not inclined to modify the order dated 20.03.2023 passed in Cr. Misc. No. 1921 of 2023.

Accordingly, this modification application stands dismissed.

(Rajesh Kumar Verma, J) brajesh/- U T