Gore Lal Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8357 of 2023 In CRIMINAL MISCELLANEOUS No.53742 of 2022 Arising Out of PS. Case No.-1 Year-2022 Thana- WAJIRGANJ District- Gaya ====================================================== Gore Lal Chaudhary S/O Chandu Chaudhary, R/O Village- Goindpur, P.SWazirganj, District- Gaya ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sunil Kumar Yadav, Advocate For the Opposite Party/s :

Mr. Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 08-02-2023 Learned counsel for the petitioner and learned A.P.P. for the State present.

The present application has been filed for modification in para-3 of the petition of Cr. Misc. No. 53742 of 2022.

Counsel for the petitioner admits that the Cr. Misc. No. 53742 of 2022 has already been disposed off vide order dated 21.10.2022. He is seeking amendment in petition which has already been ended upon. In criminal law the amendment of pleading is not permissible.

Here in the present case, the said Cr. Misc. has already been disposed off and record is not alive. It is not a case for modification in the order rather it is a case where the

Patna High Court CR. MISC. No.8357 of 2023(2) dt.08-02-2023 2/2 petitioner is demanding modification in the bail application which is absolutely not permissible in the opinion of this court and therefore, the present Cr. Misc. application is hereby rejected. But petitioner is at liberty to move before the appropriate forum with appropriate relief as filing bail application is a statutory power and petitioner may exhaust the said statutory power in accordance with the established law. With this observation, the present application is dismissed.

(Dr. Anshuman, J.) ravishankar/- U