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Patna High Court

Mantu RaiversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court may modify its order to correct an inadvertent typographical error regarding the petitioner’s criminal antecedent.

Summary

Mantu Rai applied for bail, and the court on 24-12-2025 granted regular bail but erroneously recorded that he had a clean criminal antecedent. The petitioner later discovered that paragraph 4 of the order contained a typographical mistake, as he actually had one prior case (Sonpur P.S. Case No. 377 of 2021). The petitioner filed a modification application, supported by a supplementary affidavit filed on 15-12-2025, to correct the record. The State opposed the modification, but the court examined the affidavit and found the error to be inadvertent. In the interest of justice, the court modified the order to state that the petitioner has one criminal antecedent, leaving the rest of the order unchanged. The modification application was consequently disposed.

Issues considered

  • Whether a court may modify its own order to correct a typographical error concerning the petitioner’s criminal antecedent.

Subjects

  • bail
  • modification of order
  • typographical error
  • criminal antecedent
  • interest of justice

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11931 of 2026
                                              In
                              CRIMINAL MISCELLANEOUS No.90053 of 2025
                        Arising Out of PS. Case No.-21 Year-2017 Thana- SONEPUR District- Saran
                 ======================================================
                 Mantu Rai, aged about 35 years, Gender-Male, S/O Banaras Rai, Resident of
                 Village- Parmanandpur, P.S- Sonpur, District- Saran.
                                                                             ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Jay Ram Prasad, Advocate
                 For the Opposite Party/s :       Mr. Nityanand, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   18-02-2026                       Heard Mr. Jay Ram Prasad, learned counsel

                   appearing on behalf of the petitioner and Mr. Nityanand, learned

                   A.P.P. for the State.

                                2. The present application has been filed for

                   modification of order dated 24.12.2025 passed in Criminal

                   Miscellaneous No. 90053 of 2025, in which, in paragraph no. 4,

                   it has inadvertently been typed that petitioner has clean

                   antecedent.

                                3. Learned counsel appearing on behalf of the

                   petitioner submitted that due to incorrect information given by

                   the pairvikaar, he had incorrectly stated in paragraph no. 3 of the

                   Criminal Miscellaneous No. 90053 of 2025 that petitioner has

                   clean antecedent, however, after objection raised by the Registry

                   upon scrutiny on 24.11.2025, he had filed supplementary

                   affidavit on 15.12.2025 giving the details in respect of one
            Patna High Court CR. MISC. No.11931 of 2026(2) dt.18-02-2026
                                                        2/2




                      criminal antecedent of the petitioner. At the time of hearing of

                      the bail application on 24.12.2025, the aforesaid fact could not

                      be given leading to inadvertent typographical mistake in

                      paragraph no. 4 of the order dated 24.12.2025 causing non

                      acceptance of the bail bond of the petitioner in spite of the fact

                      that the petitioner was granted regular bail on 24.12.2025.

                                   4. Considering the aforesaid inadvertent typographical

                      mistake in paragraph no. 4 of the order dated 24.12.2025 in

                      respect of the criminal antecedent of the petitioner in which

                      respect, the correct information is contained in paragraph no. 3

                      of the supplementary affidavit filed on 15.12.2025 that

                      petitioner has one criminal antecedent being Sonpur P.S. Case

                      No. 377 of 2021, I find it in the interest of justice to modify the

                      order dated 24.12.2025 passed in Criminal Miscellaneous No.

                      90053 of 2025 to the extent that 'petitioner has one criminal

                      antecedent'. Other parts of the order dated 24.12.2025 shall

                      remain intact.

                                   5. Accordingly, the present modification application

                      stands disposed of.


                                                           (Purnendu Singh, J)
Niraj/-
U       T


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