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Patna High Court

Rakesh Kumar Harsh @ Nikhil AnandversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court held that, under Section 362 of the Criminal Procedure Code, a finalized bail order cannot be altered except to correct clerical errors, and therefore dismissed the modification petition.

Summary

The petitioner Rakesh Kumar Harsh, a fruit trader, was granted bail on 19 January 2026 with conditions that he pay a Rs 3 lakh demand draft immediately and the balance of Rs 5.70 lakh within two months to the complainant, and also cooperate with the trial and appear in court. He later filed a modification application seeking an extension of ten months to pay the remaining amount in monthly installments, alleging financial hardship due to the seasonal nature of his business. The petitioner’s counsel argued that the inability to pay the balance within the stipulated period was beyond his control. The court examined the bail order and observed Section 362 of the Criminal Procedure Code, which bars alteration of a judgment or final order except to correct clerical or arithmetical errors. Consequently, the court held that the bail order could not be modified and dismissed the petition.

Issues considered

  • Can a bail order be modified after it has been finalized under the Criminal Procedure Code?
  • Does Section 362 Cr.P.C. prohibit alteration of bail conditions except for clerical errors?

Legislation cited

Subjects

  • bail
  • modification
  • Criminal Procedure Code
  • Section 362
  • financial hardship
  • bail conditions
  • court order alteration

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21050 of 2026
                                              In
                              CRIMINAL MISCELLANEOUS No.1889 of 2026
                        Arising Out of PS. Case No.-947 Year-2025 Thana- NAGAR District- Vaishali
                 ======================================================
                 Rakesh Kumar Harsh @ Nikhil Anand S/O Ram Babu Sah Resident of
                 Village- Anwarpur, Ward No. 21, P.S- Hajipur, Dist.- Vaishali at Hajipur.

                                                                                    ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    Kishlay Ketan S/O Awadh Kishor Singh R/O Village- Sahjadpur, Andarkila,
                 S.D.O. Road, P.S.- Hajipur, Distt.- Vaishali at Hajipur.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Sachin Kumar, Advocate
                 For the Opposite Party/s :        Mr.Zainul Abedin, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   03-04-2026                  Heard Mr.Sachin Kumar, learned counsel for the

                   petitioner and Mr.Zainul Abedin, learned Additional Public

                   Prosecutor for the State.

                                2. The present modification application has been filed

                   for modification of the order dated 19.01.2026.

                                3. By the order dated 19.01.2026, 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 consecutive dates without sufficient reason,
Patna High Court CR. MISC. No.21050 of 2026(2) dt.03-04-2026
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                          his bail bond shall be cancelled by the Court

                          below.

                          ii. If the petitioner tampers with the evidence or the

                          witnesses, 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 antecedent, 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.

                          iv. Learned counsel for the petitioner is directed to

                          produce a Demand Draft of Rs. 3 Lakhs (Rs.

                          3,00,000-/) in favour of the complainant at the time

                          of furnishing bail bonds and learned court below is

                          directed to hand over the said Demand Draft to the

                          counsel for the complainant/opposite party no. 2 or

                          his representative and the rest amount i.e.

                          5,70,000/- will be paid to the complainant within a
Patna High Court CR. MISC. No.21050 of 2026(2) dt.03-04-2026
                                            3/4




                          period of two months from the date of furnishing

                          bail bond if the petitioner fails to pay the rest

                          amount to the complainant/opposite party no. 2,

                          the complainant is at liberty to move before the

                          court below to cancel his bail bond.

                       4. The learned counsel for the petitioner submits that

          the petitioner is a fruit trader by profession and his livelihood

          entirely depends upon seasonal fruit business and due to the

          unforeseen custody during the peak season, the petitioner is

          presently facing acute financial hardship and is unable to

          arrange the remaining amount within the stipulated period.

                        5. The petitioner prays ten months more time to pay

          the remaining balance amount of Rs.5,70,000/- (Five Lakh

          Seventy Thousand) to the complainant in ten monthly

          installments.

                       6. The Court also noticed Section 362 of Cr.P.C. it

          reads as follows :-

                                  “362 – Court not to alter judgment. Save as

                                  otherwise provided by this Code 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
               Patna High Court CR. MISC. No.21050 of 2026(2) dt.03-04-2026
                                                           4/4




                                                 review the same except to correct a clerical

                                                 or arithmetical error.”

                                      7. In the aforesaid facts and circumstances, the instant

                         modification petition is dismissed.



                                                (Rajesh Kumar Verma, J)
Nitesh/-

U          T


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