Patna High Court
Tantan Rajak @ Rajesh RajakversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- RAJESH KUMAR VERMA
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
- BNSS — s. 403
- Criminal Procedure Code — s. 362
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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