A modification application sought revision of an anticipatory bail order dated 10.07.2024 because the petitioner had concealed criminal antecedents in his bail petition. Citing Section 362 CrPC barring alteration of signed judgments or final orders except clerical errors, the court dismissed the application.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.82302 of 2024
In
CRIMINAL MISCELLANEOUS No.40529 of 2024
Arising Out of PS. Case No.-95 Year-2024 Thana- NAVINAGAR District- Aurangabad
======================================================
Anjani Chouhan S/o Gopal Chauhan R/O village - Mahuari, P.S - Nabinagar, District- Aurangabad.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Ms.Mukul Kumari, Advocate For the Opposite Party/s : Mr.Arun Kumar, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER
2 02-12-2024
Heard Ms.Mukul Kumari, learned counsel for the petitioner and Mr.Arun Kumar, learned Additional Public Prosecutor for the State.
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.82302 of 2024(2) dt.02-12-2024 2/3
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 petitioner. 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.
“362 – Court not to alter judgment. Save as otherwise provided by this Code or by any other law for the time being in
Patna High Court CR. MISC. No.82302 of 2024(2) dt.02-12-2024 3/3
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.”
modification petition is dismissed.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
1 issue framed by the court
Can an anticipatory bail order be modified after the petitioner disclosed a concealed criminal antecedent, given Section 362 CrPC bars alteration of a signed judgment or final order?
1 provisions across 1 enactments
Anjani Chouhan
The State of Bihar
Rajesh Kumar Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
