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Patna High Court

Mansur Ansari @ Md. Mansoor AnasariversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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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