Krishna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18316 of 2023 In CRIMINAL MISCELLANEOUS No.61048 of 2022 Arising Out of PS. Case No.-516 Year-2022 Thana- SASARAM NAGAR District- Rohtas ====================================================== Krishna Kumar Son of Raj Kumar Singh R/V- Chakanhawa, P.S- Dehri (Indrapuri) Rohtas ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar, Advocate For the Opposite Party/s :

Mr. Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 22-03-2023 Heard learned counsel for the petitioner as well as learned APP for the State.

The present modification application has been filed for modify the order dated 10.02.2023 passed in Cr. Misc. No. 61048 of 2022.

By the order dated 10.02.2023, the petitioner was granted bail with the following conditions :-

(1) 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.

(2) If the petitioner tamper with the evidence or the

Patna High Court CR. MISC. No.18316 of 2023(2) dt.22-03-2023 2/3 witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) 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 antecedents, 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.

The learned counsel for the petitioner submits that the mother of the petitioner is a house wife and she had sworn affidavit in the bail application. He further submits that the mother of the petitioner had no knowledge about the involvement of his son in one another case bearing Dehri Town P.S. Case No. 599 of 2021 and hence it had been stated in paragraph-3 of the bail petition that the petitioner has no criminal history.

The Court also notice Section 362 of Cr. P.C. it reads as follows :- "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

Patna High Court CR. MISC. No.18316 of 2023(2) dt.22-03-2023 3/3 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."

In the aforesaid facts and circumstances, the instant modification petition is dismissed.

(Rajesh Kumar Verma, J) Ibrar//- U T