Patna High CourtCR. MISC./59419/2023dismissed

Suraj Kumar v. The State Of Bihar

2023-09-08Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59419 of 2023 In CRIMINAL MISCELLANEOUS No.4339 of 2023 Arising Out of PS. Case No.-304 Year-2022 Thana- KISHANGANJ District- Kishanganj ====================================================== SURAJ KUMAR SON OF UPENDRA PASWAN RESIDENT OF VILLAGE- MUMTAZ MOHALLA, WARD NO 13, PS- NAUGACHIYA, DIST- BHAGALPUR ... ... Petitioner/s

Versus

The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Kumar Pandey For the Opposite Party/s :

Mr.Jharkhandi Upadhyay ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 08-09-2023 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 19.06.2023 passed in Cr. Misc. No. 4339 of 2023 by which the petitioner had been granted anticipatory bail by this Court.

By way of this modification application, the petitioner is trying to bring on record another fact with respect to his criminal antecedent to the effect that the petitioner is having two antecedents whereas in the main application it was mentioned in the paragraph-3 of the petition that the petitioner is having clean antecedent.

This appears to be a matter of suppression of fact and

Patna High Court CR. MISC. No.59419 of 2023(2) dt.08-09-2023 2/2 an example of misuse of privilege of bail.

Taking note of lackadaisical approach of the petitioner and misuse of anticipatory bail, 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 order dated 19.06.2023 passed in Cr. Misc. No. 4339 of 2023.

Accordingly, this modification application stands dismissed.

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