IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4434 of 2011 1. BHUSHAN SAO, SON OF RAM CHANDRA SAO 2. LOVELY DEVI, WIFE OF BHUSHAN SAO BOTH RESIDENTS OF MOHALLA – MOGAL KUAN, P.O. AND P.S. SOHSARAI, DISTT. – NALANDA (BIHAR) ----- PETITIONERS. Versus THE STATE OF BIHAR ----------- 3. 11.03.2011 Heard the parties. The petitioners seek modification of the order dated 27.10.2010 on the ground that he could not appear for reasons beyond his control and the matter was disposed off on merits without hearing him and, therefore, he be heard. On an earlier occasion, the modification application was dismissed by an order dated 18.2.2011, holding that the Court had become functus officio and could not appreciate the merit of the case. The present modification has been filed for the same reason. Since I have already held that I am unable to appreciate the contentions raised on behalf of the petitioners, once I had decided the case on merit, I am not in a position to appreciate the prayer for modification. Therefore, the application is dismissed. S.Ali ( Anjana Prakash, J.)