Patna High Court
Ritesh Kumar @ Ritesh Kumar Mahto @ RiteshversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- RAJIV ROY
Holding
The court held that the modification petition cannot be entertained and dismissed it, as no relief could be granted.
Summary
The petitioner, Ritesh Kumar, filed a modification application (Cr. Misc. No. 954 of 2026) seeking correction of paragraphs 5 and 7 in the earlier order dated 16‑09‑2025 (Cr. Misc. No. 36600 of 2025) which incorrectly stated that he had no criminal antecedent. The petitioner claimed he does have a criminal antecedent, while the State argued that the earlier order correctly reflected his clean record. The court examined the factual claim and found no basis to alter the earlier finding. Consequently, the court dismissed the modification petition, holding that no relief could be granted. The order was dismissed on 30‑01‑2026.
Issues considered
- Whether the factual statement that the petitioner has no criminal antecedent in the earlier order can be modified.
- Whether the petitioner is entitled to any relief on the ground of alleged criminal antecedent.
Subjects
- criminal antecedent
- modification of order
- factual error
- high court
- criminal miscellaneous
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.954 of 2026
In
CRIMINAL MISCELLANEOUS No.36600 of 2025
Arising Out of PS. Case No.-19 Year-2025 Thana- Raghuvanshnagar District- Purnia
======================================================
Ritesh Kumar @ Ritesh Kumar Mahto @ Ritesh Son of Anmol Mahto R/O
Village- Chahabachcha, Ward No.- 05, Matihani, P.O.- Mauzampatti,
Mathani, P.S.- Barhara Kothi, District- Purnia Bihar
... ... Petitioner/s
Versus
The State of Bihar bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Suman Dant Singh, Adv.
For the Opposite Party/s : Mr. Umeshanand Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 30-01-2026 Heard the parties.
2. The present application has been preferred for
modification in Cr. Misc. No. 36600 of 2025 vide an order dated
16.09.2025, the order contains the statement of having no criminal
antecedent in paragraph nos. 5 and 7 which is a factual error
committed due to our hearing negligence.
3. On 16.09.2025, the Cr. Misc. No. 36600 of 2025
(Ritesh Kumar vs. State of Bihar) was allowed and grounds
amongst other was that main allegation is against Saurabh, the
petitioner has been shown to be friend and he do not have
criminal antecedent.
4. By filing the modification petition, the petitioner
now wants correction in paragraph 5 and 7 of the said order and
Patna High Court CR. MISC. No.954 of 2026(3) dt.30-01-2026
2/2
learned counsel for the petitioner submits that he has criminal
antecedent.
5. Learned APP, Mr. Jitendra Kumar Singh submits
that paragraph 3 of the main petition shows that the petitioner
do not have criminal antecedent.
6. Considering the aforesaid fact, as recorded, no
relief can be granted.
7. The Cr. Misc. No. 954 of 2026 is dismissed.
(Rajiv Roy, J)
Vijay Singh/-
U T
Checking your session…