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Patna High Court

Ritesh Kumar @ Ritesh Kumar Mahto @ RiteshversusThe State of Bihar

Decided
Disposal
DISMISSED

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


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