Vishu Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68766 of 2025 In CRIMINAL MISCELLANEOUS No.52431 of 2025 Arising Out of PS. Case No.-263 Year-2025 Thana- BEUR District- Patna ====================================================== Vishu Ray Son of Ramdev Ray R/V- 70 feet Road Shiv Shakti Path, Road no 03, PS -Beur, Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yogesh Chandra Verma, Sr. Advocate For the Opposite Party/s :

Mr. Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 26-09-2025 Heard Mr. Yogesh Chandra Verma, learned Senior counsel for the petitioner as well as Mr. Sanjay Kumar, learned APP for the State.

2. The present modification application has been filed for modify the order dated 21.08.2025 passed in Cr. Misc. No. 52431 of 2025.

3. By the order dated 21.08.2025, 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.

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

Patna High Court CR. MISC. No.68766 of 2025(2) dt.26-09-2025 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.

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 arithmetical error."

Patna High Court CR. MISC. No.68766 of 2025(2) dt.26-09-2025 3/3

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

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