Rakesh Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42320 of 2023 In CRIMINAL MISCELLANEOUS No.151 of 2023 Arising Out of PS. Case No.-137 Year-2021 Thana- BANKA District- Banka ====================================================== Rakesh Das Son Of Jagannath Das @ Jagarnath Das @ Jagarnath Harijan Resident Of Village- Mahesadih (Harizan Tola), P.S-.Banka, Dist-. Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Prem Kumar Jha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 19-07-2023

1. Heard learned counsel for the petitioner as well as learned APP for the State.

2. The present modification application has been filed for modify the order dated 18.04.2023 passed in Cr. Misc. No.151/2023.

3. By the order dated 18.04.2023, 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.

Patna High Court CR. MISC. No.42320 of 2023(2) dt.19-07-2023 2/3

2. 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.

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 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.

4. The learned counsel for the petitioner submits that due to communication gap on the basis of the information furnished by the Pairvikar, it was stated in paragraph-3 of the bail petition that the petitioner has no criminal history.

5. 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,

Patna High Court CR. MISC. No.42320 of 2023(2) dt.19-07-2023 3/3 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."

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

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