Patna High Court
Birju Rai @ Biraju Ray @ Bijay RaiversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court corrected the cause title to ‘Birendra Rai @ Birendra Ray’ and extended the surrender period by eight weeks, subject to a Rs.5,000 deposit per petitioner.
Summary
The petitioners, a group of five individuals, filed a criminal miscellaneous petition seeking modification of an earlier order dated 13-01-2026. The modification was sought to correct a clerical error in the cause title concerning the father's name of petitioner No.5 and to extend the period allowed for surrender and furnishing bail-bond. The court noted the inadvertent mistake in the earlier order and, after hearing counsel, directed that the father's name be corrected to ‘Birendra Rai @ Birendra Ray’ and granted an additional eight weeks for surrender, subject to a deposit of Rs.5,000 each to the District Legal Services Authority. The court ordered the petitioners to furnish the bail-bond along with the receipt of the deposit. Consequently, the modification petition was allowed and the earlier order was amended accordingly.
Issues considered
- Whether the cause title in the earlier order should be corrected to reflect the correct father's name of petitioner No.5
- Whether the period for surrender and furnishing bail-bond should be extended
Subjects
- criminal procedure
- bail
- modification of order
- cause title correction
- surrender period
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11925 of 2026
In
CRIMINAL MISCELLANEOUS No.72157 of 2025
Arising Out of PS. Case No.-51 Year-2025 Thana- MOHIUDDIN NAGAR District-
Samastipur
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1 . Birju Rai @ Biraju Ray @ Bijay Rai S/o- Late Rammilan Ray @ Ram
Milan Rai Resident of Rajaisi Ward no- 2 PS- Mohiuddin Nagar Dist-
Samastipur Bihar
2. Jitendra Rai @ Jitendar Ray S/o- Late Rammilan Ray @ Ram Milan Rai
Resident of Rajaisi Ward no- 2 PS- Mohiuddin Nagar Dist- Samastipur
Bihar
3. Raj Kumar @ Raj Kumar Ray S/o- Rambaran Ray @ Ram Baran Rai
Resident of Rajaisi Ward no- 2 PS- Mohiuddin Nagar Dist- Samastipur
Bihar
4. Birendra Rai @ Birendar Ray S/o- Late Banke Ray @ Banke Rai Resident
of Rajaisi Ward no- 2 PS- Mohiuddin Nagar Dist- Samastipur Bihar
5. Rohit Kumar S/o- Rambaran Ray @ Ram Baran Rai Resident of Rajaisi
Ward no- 2 PS- Mohiuddin Nagar Dist- Samastipur Bihar
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anil Kumar , Advocate
For the Opposite Party/s : Mr. Renuka Ratnakar (App 125)
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 18-02-2026 Heard learned counsel for the petitioners and the
State .
2. This petition has been filed for modification of
order dated 13.01.2026 passed in Cr. Misc. No. 72157 of 2025
to the extent of correction in the cause title and for extension of
period of surrender.
3 . Due to inadvertence in the cause title of the main
Patna High Court CR. MISC. No.11925 of 2026(2) dt.18-02-2026
2/2
petition, instead of ‘Birendra Rai @ Birendra Ray’ in the name
of the father of petitioner No. 5 it has wrongly been typed as
‘Rambaran Ray @ Ram Baran Rai’. Same error has occurred in
aforesaid order dated 13.01.2026 . Accordingly, learned counsel
for the petitioners request for necessary correction in the order.
4. In view of the aforesaid fact, let name of the father
of petitioner No. 5 in cause title of the aforesaid order dated
13.01.2026 be read as ‘Birendra Rai @ Birendra Ray’ in place
of ‘Rambaran Ray @ Ram Baran Rai’ and further eight weeks’
time from the date of receipt/production of copy of this order is
granted to above named petitioners, to surrender and furnish
bail-bond before the court below, subject to deposit of Rs.
5,000/- (Rupees Five Thousand) each to the concerned District
Legal Services Authority and to furnish its receipt with the bail-
bond.
5 . Accordingly, modification petition is allowed and
order dated 13.01.2026 passed in Cr. Misc. No. 72157 of 2025
is modified to the above extent only .
(Prabhat Kumar Singh, J)
Koushik/-
U T
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