Patna High Court
Vikash Sah @ Vikash SawversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- RAJESH KUMAR VERMA
Holding
The modification petition is dismissed as the court cannot alter the bail order except to correct a clerical or arithmetical error.
Summary
Vikash Sah was granted bail in Cr. Misc. No. 29495/2026 with conditions requiring his presence in court, prohibition against tampering with evidence, and verification of his criminal antecedents. The bail order stipulated that if the petitioner concealed any criminal antecedent, the bail could be cancelled. The petitioner later claimed a communication gap led to an incorrect statement that he had only one criminal antecedent, whereas he actually had two. He filed a modification application seeking alteration of the bail conditions. The court examined the relevant provisions of Section 362 of the Criminal Procedure Code and Section 403 of the BNSS, which restrict courts from altering judgments except to correct clerical errors, and dismissed the modification petition.
Issues considered
- Whether the bail order can be modified on the ground of misstatement of the petitioner's criminal antecedents
- Whether the court has jurisdiction to alter the bail conditions under Section 362 Cr.P.C. and Section 403 BNSS
Legislation cited
- BNSS — s. 403
- Criminal Procedure Code — s. 362
Subjects
- bail
- modification petition
- criminal antecedent
- Section 362 CrPC
- Section 403 BNSS
- misrepresentation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47705 of 2026
In
CRIMINAL MISCELLANEOUS No.29495 of 2026
Arising Out of PS. Case No.-266 Year-2025 Thana- BASOPATTI District- Madhubani
======================================================
Vikash Sah @ Vikash Saw S/O Mahadev Sah @ Mahdev Sah @ Mahadev
Sah R/O Village- Manmohan, P.S - Basopatti, District- Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Alias Ashok Karn
For the Opposite Party/s : Mr. Akshay Lal Pandit
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 10-07-2026 Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The present modification application has been filed
for modifying the order dated 04.05.2026 passed in Cr. Misc.
No. 29495 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.
Patna High Court CR. MISC. No.47705 of 2026(2) dt.10-07-2026
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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 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 only one criminal antecedent
but in fact, the petitioner carries two criminal antecedents.
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
Patna High Court CR. MISC. No.47705 of 2026(2) dt.10-07-2026
3/3
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)
Gaurav Sinha/-
U T
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