Modification application sought change of bail conditions imposed in an earlier order granting bail with conditions on attendance, evidence tampering, and criminal antecedent verification. The court noted Section 362 Cr.P.C. barring alteration of a signed final order and dismissed the modification petition.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.86932 of 2024
In
CRIMINAL MISCELLANEOUS No.65236 of 2024
Arising Out of PS. Case No.-395 Year-2023 Thana- MAKHDUMPUR District- Jehanabad
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Hari Ram @ Harish Son of Sura Ram Resident of Village- Konra, P.S.Chauhatan, Distt.- Badger @ Barmer (Rajasthan) ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Anuj Kumar, Advocate For the Opposite Party/s : Ms. Anita Kumari, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER
Heard Mr. Anuj Kumar, learned counsel for the
petitioner and Ms. Anita Kumari, learned A.P.P. 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.
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.86932 of 2024(2) dt.13-12-2024 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 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 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.”
(Rajesh Kumar Verma, J)
Vanisha/- U T
1 issue framed by the court
Whether the bail order dated 18.10.2024 could be modified after it was signed and disposed, given Section 362 Cr.P.C.
1 provisions across 1 enactments
Hari Ram @ Harish
The State of Bihar
Rajesh Kumar Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
