Patna High Court
Mansur Ansari @ Md. Mansoor AnasariversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- RAJESH KUMAR VERMA
Holding
The modification petition is dismissed; the bail order remains in force.
Summary
Mansur Ansari was granted bail on 15 January 2026 with conditions including cooperation in trial, presence in court, and verification of his criminal antecedents. He later filed a modification application alleging that the bail order was based on incorrect information, as he actually had two other pending cases. The petitioner argued that the bail order should be altered to reflect his true criminal history. The court examined Section 362 of the Criminal Procedure Code and Section 403 of the BNSS, which prohibit alteration of a judgment except to correct clerical or arithmetic errors. Finding no basis to treat the alleged misstatement as a clerical error, the court dismissed the modification petition, leaving the original bail order unchanged.
Issues considered
- Whether a bail order can be modified on the ground of misstatement of the petitioner’s criminal antecedents.
- Whether the court may alter a judgment under Section 362 CrPC/Section 403 BNSS when the alleged error is not merely clerical or arithmetic.
Legislation cited
- BNSS — s. 403
- Code of Criminal Procedure, 1973 — s. 362
Subjects
- bail
- modification of bail
- criminal antecedent
- Section 362 CrPC
- Section 403 BNSS
- alteration of judgment
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18313 of 2026
In
CRIMINAL MISCELLANEOUS No.88107 of 2025
Arising Out of PS. Case No.-133 Year-2025 Thana- BASOPATTI District- Madhubani
======================================================
Mansur Ansari @ Md. Mansoor Ansari S/o- Amsul Ansari Resident of
village- Naya Tola Dubhi Bazar PS- Basopatti Dist- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bhavesh Kumar Sah, Advocate
For the State : Mr. Ram Naresh Ray, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 18-03-2026 Heard Mr. Bhavesh Kumar Sah, learned counsel for
the petitioner as well as Mr. Ram Naresh Ray, learned APP for the
State.
2. The present modification application has been filed
for modify the order dated 15.01.2026 passed in Cr. Misc.
No. 88107 of 2025.
3. By the order dated 15.01.2026, the petitioner was
granted bail with the following conditions :-
“(i) Petitioner shall co-operate in the trial
and shall be properly represented on each
and every date fixed by the Court and shall
remain physically present as directed by the
Court and on his absence on two
Patna High Court CR. MISC. No.18313 of 2026(2) dt.18-03-2026
2/3
consecutive dates without sufficient reason,
his bail bond shall be cancelled by the Court
below.
(ii). If the petitioner tamper with the
evidence or the witness, in that case, the
prosecution will be at liberty to move for
cancellation of bail.
(iii) And further condition that the court
below shall verify the criminal antecedent of
the petitioner and in case at any stage, it is
found that the petitioner has concealed his
criminal antecedents, the court below shall
take step for cancellation of bail bond of the
petitioner. However, the acceptance of bail
bonds in terms of the above-mentioned
order shall not be delayed for purpose of or
in the name of verification”.
4. The learned counsel for the petitioner submits that
due to communication gap on the basis of the information
furnished by the Pairvikar, it was stated in paragraph-3 of the
bail petition that the petitioner has no criminal history but in fact
the petitioner carries two more cases other than the present one.
The Court also noticed Section 362 of Cr.
Patna High Court CR. MISC. No.18313 of 2026(2) dt.18-03-2026
3/3
P.C./Section 403 of BNSS, which reads as follows :-
“362/403- Court not to alter judgment. Save
as otherwise provided by this Code/Sanhita 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.”
5. In the aforesaid facts and circumstances, the instant
modification petition is dismissed.
(Rajesh Kumar Verma, J)
Ibrar//-
U T
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