Patna High Court
Rakesh Kumar Harsh @ Nikhil AnandversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- RAJESH KUMAR VERMA
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
- Code of Criminal Procedure, 1973 — s. 362
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
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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
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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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