Mela Bind @ Ajeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78694 of 2024 In CRIMINAL MISCELLANEOUS No.17163 of 2023 Arising Out of PS. Case No.-1842 Year-2017 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== Mela Bind @ Ajeet Kumar S/O Tileshwar Bind @ Tileshwar Ram Resident of Village- Adampur, P.S- Sasaram (M), District- Rohtas. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The District Mining Officer, Rohtas (Sasaram). Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nawal Kishore Singh, Advocate For the Opposite Party/s :

Mr. Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 22-11-2024 Heard Mr. Nawal Kishore Singh, learned counsel for the petitioner and Mr. Rajendra Singh, learned Additional Public Prosecutor for the State.

2. The present modification application has been filed for modification of the order dated 17.05.2023.

3. By the order dated 17.05.2023, petitioner was granted regular bail with the following conditions :- 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.

Patna High Court CR. MISC. No.78694 of 2024(2) dt.22-11-2024 2/3 II. If the petitioner tamper 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 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 Para-3 of the regular bail petition that the petitioner has no criminal history but in fact petitioner carries eight more cases other than the present one, as mentioned in para-5 of the present modification application.

5. The Court also noticed 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 it has signed its judgment or final order

Patna High Court CR. MISC. No.78694 of 2024(2) dt.22-11-2024 3/3 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) ajay/- U T