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Patna High Court

Ram Ishwar MahtoversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The modification petition is dismissed; the anticipatory bail order stands as originally granted.

Summary

Ram Ishwar Mahto was granted anticipatory bail on 06.02.2026 with conditions requiring his cooperation, physical presence, and truthful disclosure of criminal antecedents. He later filed a modification application alleging that a communication gap led to a misstatement that he had no prior cases, whereas he actually had three other pending cases. The court examined the conditions of the bail order and noted the provisions of Section 362 of the Criminal Procedure Code and Section 403 of the BNSS, 2023, which restrict alteration of judgments except for clerical errors. Considering that the alleged misstatement pertained to material facts and the bail conditions already addressed such issues, the court found no ground to modify the order. Consequently, the modification petition was dismissed.

Issues considered

  • What is the appropriate scope for modifying an anticipatory bail order when the petitioner misstates his criminal antecedent?
  • Whether the court can alter the bail order under Section 362 Cr.P.C. and Section 403 BNSS, 2023 in the present circumstances?

Legislation cited

Subjects

  • anticipatory bail
  • modification petition
  • criminal antecedent
  • bail conditions
  • Section 362 CrPC
  • Section 403 BNSS
  • bail cancellation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.33083 of 2026
                                              In
                              CRIMINAL MISCELLANEOUS No.4316 of 2026
                     Arising Out of PS. Case No.-591 Year-2025 Thana- MADHAURAH District- Saran
                 ======================================================
                 Ram Ishwar Mahto son of Late Heera Mahto R/o Village - Dev Bahuara, Ps-
                 Marhaura, Dist- Saran

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Jitendra Kumar, Advocate
                 For the Opposite Party/s :      Mr.Md. Aslam Ansari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   15-05-2026                  Heard Mr.Jitendra Kumar, learned counsel for the

                   petitioner and Mr.Md. Aslam Ansari, learned Additional Public

                   Prosecutor for the State.

                                2. The present modification application has been filed

                   for modification of the order dated 06.02.2026.

                                3. By the order dated 06.02.2026, the petitioner was

                   granted privilege of anticipatory 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, his bail bond shall be cancelled by the Court below.
Patna High Court CR. MISC. No.33083 of 2026(2) dt.15-05-2026
                                            2/3




                       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.

                       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 Para-3 of the

          anticipatory bail petition that the petitioner has no criminal

          history but in fact the petitioner carries three more case other

          than the present one, as mentioned in para-5 of the present

          modification application.

                       5. The Court also noticed Section 362 of Cr.P.C./

          Section 403 of BNSS, 2023 it reads as follows :-

                                  “362 – Court not to alter judgment. Save as

                                  otherwise provided by this Code or by any
               Patna High Court CR. MISC. No.33083 of 2026(2) dt.15-05-2026
                                                           3/3




                                                 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.”

                                      6. In the aforesaid facts and circumstances, the instant

                         modification petition is dismissed.



                                                (Rajesh Kumar Verma, J)
Nitesh/-

U          T


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