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Patna High Court

Tantan Rajak @ Rajesh RajakversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The modification petition was dismissed because courts cannot alter a judgment except as expressly permitted by law for clerical or arithmetical errors.

Summary

The petitioner, Tantan Rajak, was granted bail in Criminal Miscellaneous No. 32825/2026 with conditions including verification of his criminal antecedents. The bail order stated he had two prior convictions, but the petitioner later discovered he actually had three. He filed a modification application to correct this discrepancy. The court examined Section 362 of the Criminal Procedure Code and Section 403 of the BNSS, which prohibit alteration of a judgment except for clerical or arithmetical errors. Concluding that the error was not merely clerical, the court dismissed the modification petition, leaving the original bail order unchanged.

Issues considered

  • Whether a bail order can be modified to correct a factual error regarding the number of the petitioner's criminal antecedents.

Legislation cited

Subjects

  • bail
  • modification
  • criminal antecedent
  • Section 362 CrPC
  • judgment alteration
  • criminal miscellaneous

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.44176 of 2026
                                              In
                              CRIMINAL MISCELLANEOUS No.32825 of 2026
                   Arising Out of PS. Case No.-353 Year-2025 Thana- ALAMNAGAR District- Madhepura
                 ======================================================
                 Tantan Rajak @ Rajesh Rajak S/o Santosh Rajak Resident of village- Bihat
                 Behta, Behata Ward no 09, P.S.-Sonbarsa Raj, District-Saharsa. Presently
                 resident of village-Godram, Ward no.2, P.S-Basanahi, District-Saharsa
                                                                              ... ... Petitioner/s
                                                   Versus
                 The State of Bihar                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Pawan Kumar, Advocate
                 For the Opposite Party/s :       Mr. Shailendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   03-07-2026                     Heard Mr. Pawan Kumar, learned counsel for the

                   petitioners and Mr. Shailendra Kumar Singh, learned A.P.P. for

                   the State.

                                2. The present modification application has been filed

                   for modifying the order dated 13.05.2026 passed in Cr. Misc.

                   No. 32825 of 2026 by which 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, 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
            Patna High Court CR. MISC. No.44176 of 2026(2) dt.03-07-2026
                                                        2/2




                             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 petitioners. 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.


                                   3. 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 bail

                      petition that the petitioner carries two criminal antecedents but

                      in fact, the petitioner carries three criminal antecedents other

                      than the present one.

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

                      Section 403 of BNSS which reads as follows :-

                                               “362/403 – Court not to alter judgment.
                                   Save as otherwise provided by this Code/Sanhita 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 review the same except to
                                   correct a clerical or arithmetical error.”
                                   5. In view of the aforesaid facts and circumstances,

                      the instant modification petition is dismissed.



                                             (Rajesh Kumar Verma, J)
Vanisha/-

U      T


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