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Patna High Court

Kaiser @ Rais KaiserversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The High Court allowed the modification application and corrected the cause title in the earlier anticipatory bail order.

Summary

The petitioner, Kaiser @ Rais Kaiser, sought anticipatory bail in a criminal miscellaneous proceeding (Cr. Misc. No. 91343 of 2025) related to PS Case No. 174 of 2025. The High Court granted anticipatory bail on 28 January 2026, but the order contained an error in the petitioner’s father’s name and address in the cause title. The petitioner filed a modification application on 13 February 2026, asserting that the mistake was inadvertent and seeking correction of the cause title. The court examined the affidavit supporting the modification and found the correction appropriate. Consequently, the court modified the cause title in the original order to reflect the correct details and allowed the modification application.

Issues considered

  • Whether the High Court may modify its earlier order to correct an inadvertent error in the cause title of the petitioner.

Subjects

  • anticipatory bail
  • modification of order
  • cause title correction
  • criminal miscellaneous proceedings
  • High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11579 of 2026
                                              In
                              CRIMINAL MISCELLANEOUS No.91343 of 2025
                  Arising Out of PS. Case No.-174 Year-2025 Thana- THAKURGANJ District- Kishanganj
                 ======================================================
                 Kaiser @ Rais Kaiser S/o- Late Dost Mohammed Resident of Village-
                 Jirangachh Math PS- Thakurganj District- Kishanganj

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ravi Kumar, Adv.
                 For the Opposite Party/s :      Mr. Choubey Jawahar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

2   13-02-2026                  An application has been filed seeking modification of

                   the order dated 28.01.2026 passed in Cr. Misc. No. 91343 of

                   2025, whereby the prayer for anticipatory bail of the petitioner

                   has been allowed by this Court in connection with Thakurganj

                   P.S. Case No. 174 of 2025.

                                2. Learned Advocate for the petitioner submitted that

                   on account of inadvertent, the name of father of the petitioner

                   and his address has been wrongly mentioned in the cause title of

                   the application, which resulted into identical error in the order

                   dated 28.01.2026. It is submitted that the petitioner is son of

                   Late Dost Mohammed, Resident of Village – Jirangachh Math,

                   P.S. - Thakurganj, District – Kishanganj.

                                3. In view of the submissions advanced and the
            Patna High Court CR. MISC. No.11579 of 2026(2) dt.13-02-2026
                                                        2/2




                      averments made in the modification application on affidavit, the

                      cause title of the petitioner mentioned in the order dated

                      28.01.2026 in Cr. Misc. No. 91343 of 2025 stands modified to

                      the extent Kaiser @ Rais Kaiser (Male), S/o Late Dost

                      Mohammed, Resident of Village – Jirangachh Math, P.S. -

                      Thakurganj, District – Kishanganj.

                                   4. The modification application stands allowed.



                                                  (Harish Kumar, J)
shivank/-

U      T


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