Patna High Court
Sujay SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The Court modified the anticipatory bail order to delete the erroneous statement of clean antecedents and substitute the correct antecedent information, keeping the rest of the order intact.
Summary
The petitioners, Sujay Singh and Nitish Kumar, sought modification of the anticipatory bail order dated 17-09-2025, which erroneously stated that they had clean antecedents. They submitted a supplementary affidavit revealing that petitioner No.1 had four prior criminal cases and petitioner No.2 had one, and requested correction of the record. The Court examined the submission and agreed that the statement of clean antecedents was inadvertent. Accordingly, the Court deleted the inaccurate phrase and inserted the correct antecedent details, while leaving the remainder of the bail order unchanged. The petitioners were directed to surrender before the District Court by 08-05-2026.
Issues considered
- Whether the anticipatory bail order can be modified to correct the factual statement regarding the petitioners' criminal antecedents.
Subjects
- anticipatory bail
- modification of order
- criminal antecedents
- pre‑arrest bail
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19301 of 2026
In
CRIMINAL MISCELLANEOUS No.65498 of 2025
Arising Out of PS. Case No.-94 Year-2025 Thana- GAYA MUFASIL District- Gaya
======================================================
1. Sujay Singh Son of Ranvijay Singh Resident of Village - Mubarakchak
(Mamarakchak), P.S.- Mufassil, District - Gaya.
2. Nitish Kumar @ Sachin Son of Sujay Singh Resident of Village -
Mubarakchak (Mamarakchak), P.S.- Mufassil, District - Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ramashish, Advocate.
For the Opposite Party/s : Mr.Nand Kishore Prasad, APP.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 10-04-2026 Heard learned counsel appearing on behalf of the
petitioners and learned APP for the State.
2. The petitioners seek modification of the order dated
17.09.2025 passed in Cr. Misc. No. 65498 of 2025 by which the
petitioners were granted anticipatory bail by this Court.
3. Learned counsel appearing on behalf of the
petitioners submitted that prior to passing of the order dated
17.09.2025, by which the petitioners were granted pre-arrest
bail, a supplementary affidavit was filed, disclosing that the
petitioner no.1 has four criminal antecedents and petitioner no.2
has one criminal antecedent, but in paragraph no.3 of the bail
application, the said fact could not inadvertently be stated. As
Patna High Court CR. MISC. No.19301 of 2026(2) dt.10-04-2026
2/2
such, in paragraph nos.4 and 6 of the order dated 17.09.2025,
“the petitioners are having clean antecedent” was inadvertently
recorded and the same should be rectified to the extent that “the
petitioner no.1 has four criminal antecedents and petitioner no.2
has one criminal antecedent”.
4. Considering the aforesaid submission made on
behalf of the petitioners, the order dated 17.09.2025 is modified
to the extent that “the petitioners are having clean antecedent” is
deleted from paragraph nos.4 and 6 and in its place, “petitioner
no.1 has four criminal antecedents and petitioner no.2 has one
criminal antecedent” is substituted.
5. Accordingly, the order dated 17.09.2025 stands
modified to the aforesaid extent only. The other parts of the
order shall remain intact.
6. The petitioners are directed to surrender before the
learned District Court on or before 08.05.2026.
(Purnendu Singh, J)
mantreshwar/-
U T
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