Patna High Court
Ram Ishwar MahtoversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- RAJESH KUMAR VERMA
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
- BNSS, 2023 — s. 403
- Criminal Procedure Code — s. 362
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
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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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