Bhuvneshwar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83981 of 2023 In CRIMINAL MISCELLANEOUS No.13256 of 2022 Arising Out of PS. Case No.-194 Year-2021 Thana- GAYA MUFASIL District- Gaya ====================================================== Bhuvneshwar Yadav S/O Late Lila Yadav R/O Village- Sudheri, Tola Murkatta, Manjhauli, P.S- Muffasil, Distt.- Gaya. ... ... Petitioner/S
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shubhangi Pandey, Advocate For the Opposite Party/s :
Mr. Navin Kumar Pandey, APP For the Informant :
Mr. Ravi Prakash, Advocate Mr. Gagandev Yadav, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 12-01-2024 Heard learned counsel appearing on behalf of the parties.
2. This modification application has been filed seeking modification of the order dated 06.09.2022 passed in Cr. Misc. No. 13256 of 2022.
3. It is submitted by learned counsel that the petitioner has already paid Rs. 4,73,000/- (Rupees Four Lakh and Seventy Three Thousand Only) to informant and the endorsement of the same is available in Para-6 of the case diary and in view of the same the order dated 06.09.2022 be modified.
4. Learned counsel appearing for the informant submitted that this fact was already taken into consideration,
Patna High Court CR. MISC. No.83981 of 2023(2) dt.12-01-2024 2/2 while passing the order dated 06.09.2022 and only thereafter, on the submission of the learned counsel appearing for the petitioner that he received Rs. 5,11,000/- (Rupees Five Lakh and Eleven Thousand Only), the order dated 06.09.2022 was passed and as such the present submission cannot be taken as ground for present modification.
5. In view of aforesaid submissions, the present ground, as raised is not appearing convincing, prima facie, to consider modification of the order dated 06.09.2022, as same is amounting to import a new fact, owing to financial liabilities, which has already admitted.
6. Accordingly, the present modification petition stands rejected.
(Chandra Shekhar Jha, J) Archana/- U T