Rajesh Mishra @ Rajesh Baba @ Rajesh Kumar Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68753 of 2025 In CRIMINAL MISCELLANEOUS No.48387 of 2025 Arising Out of PS. Case No.-155 Year-2021 Thana- BAHERA District- Darbhanga ====================================================== Rajesh Mishra @ Rajesh Baba @ Rajesh Kumar Mishra Son of Rajkumar Mishra Resident of Village- Ramauli (near laxminath Mandir), Ps- Benipur, Dist- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Madhumala Kumari, Advocate For the Opposite Party/s :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 26-09-2025 Heard Mrs. Madhumala Kumari, learned counsel for the petitioner as well as Mr. Manoj Kumar, learned APP for the State.

2. The present modification application has been filed for modify the order dated 12.08.2025 passed in Cr. Misc. No. 48387 of 2025.

3. By the order dated 12.08.2025, 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.68753 of 2025(2) dt.26-09-2025 2/3

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

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 but in fact the petitioner carries one more case other than the present one. The Court also noticed Section 362 of Cr. P.C./Section 403 of BNSS, which reads as follows :- "362/403- Court not to alter judgment.

Save as otherwise provided by this Code/Sanhita 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

Patna High Court CR. MISC. No.68753 of 2025(2) dt.26-09-2025 3/3 arithmetical error."

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

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