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Rambali Sahni v. State of Bihar (2026)

​This is a very recent and significant Supreme Court judgment delivered in January 2026 regarding the powers of a High Court to recall its own signed order under Section 362 of the Code of Criminal Procedure (CrPC).

​Here are the key details of the case:
​Case Details
​Case Title: Rambali Sahni v. State of Bihar
​Court: Supreme Court of India
​Bench: Justice Aravind Kumar and Justice Prasanna B. Varale
​Date of Judgment: January 19, 2026
​Citation: 2026 LiveLaw (SC) 61; Criminal Appeal No. 105 of 2026

​1. Brief Facts of the Case

​The appellant, Rambali Sahni, was an accused in a case under the NDPS Act (Narcotic Drugs and Psychotropic Substances Act) involving the alleged recovery of 6.33 kg of G***a. He was implicated primarily on the confession of a co-accused who claimed the contraband was meant for Sahni.
​The matter reached the Patna High Court for anticipatory bail.
​The First Order (Grant of Bail): On August 27, 2025, the Patna High Court signed an order granting bail to the appellant. The order stated the petition was "allowed."
​The Recall Order: Three days later, on August 30, 2025, the High Court recalled its own order. The justification was that the Court Master had made a "clerical error"—he had mistakenly typed "allowed" when the judge intended to say "rejected." The High Court accepted the staff member's apology and cancelled the bail.

​2. The Legal Issue

​The core legal question was whether a High Court can recall a judgment or final order after it has been signed and pronounced, citing a "clerical error" by court staff, especially when the change completely reverses the outcome (from bail granted to bail rejected).
​This involves Section 362 of the CrPC, which prohibits a court from altering or reviewing its judgment once signed, except to correct a "clerical or arithmetical error."

​3. Supreme Court’s Decision

​The Supreme Court set aside the Patna High Court's recall order and restored the original order granting bail.
​On "Clerical Error": The Supreme Court held that the error cited by the High Court (recording "allowed" instead of "rejected") could not be treated as a mere clerical or arithmetical error under Section 362 CrPC. Recalling a signed order to reverse the decision amounts to a review on merits, which is impermissible under the Code.
​Sanctity of Signed Orders: The Court emphasized that once an order is signed and pronounced, it becomes final. It cannot be altered based on an internal administrative mistake if it substantively changes the verdict.
​Restoration of Bail: Consequently, the original order dated August 27, 2025, granting anticipatory bail to Rambali Sahni, was restored. The Court directed that he be released on bail subject to conditions set by the Investigating Officer.

​4. Why This Judgment is Important
​This case serves as a strict precedent regarding Section 362 CrPC. It reinforces that the bar on reviewing signed judgments is absolute. Courts cannot use the "clerical error" exception to fundamentally change a decision (e.g., changing acquittal to conviction or bail granted to rejected) once the ink is dry on the judgment.