The Supreme Court has set aside an order of the Patna High Court that had recalled bail earlier granted to an accused, holding that once a judicial order is signed, it cannot be altered or reviewed except to correct clerical or arithmetical errors.
The case arose from an FIR registered on October 23, 2024, concerning the alleged seizure of 6.330 kg of ganja from a co-accused, who claimed that the contraband was meant to be delivered to the appellant. Based solely on this statement, the appellant was arraigned as an accused.
The Patna High Court had initially granted bail to the appellant on August 27, 2025. However, the same court recalled the bail order on August 30, 2025, citing a recording error in the operative portion of the order, which had stated that the petition was “allowed” instead of “rejected.” The High Court accepted an unconditional apology from the Court Master, who attributed the mistake to personal distress, and proceeded to reverse the bail order.
Disapproving this approach, the Bench of Aravind Kumar and Justice Prasanna B. Varale referred to Section 362 of the Code of Criminal Procedure, 1973, which bars courts from altering or reviewing a signed judgment or order except for correcting clerical or arithmetical mistakes. The Court held that the recall of the bail order did not fall within this exception and was therefore “impermissible in law.”
On merits, the Court also noted that the appellant’s implication was based on the statement of the co-accused, and the question of his actual involvement would have to be examined during trial. In these circumstances, the Court found the appellant entitled to bail.
Accordingly, the Supreme Court allowed the appeal, set aside the impugned High Court order dated August 30, 2025, and restored the earlier bail order. It clarified that the appellant shall be released on anticipatory bail by the jurisdictional Investigating Officer, subject to such terms and conditions as deemed appropriate.
Appearances
Petitioner- Mr. Namit Saxena, AOR
Respondent- Mr. Azmat Hayat Amanullah, AOR Ms. Ekta Kundu, Adv.
